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Agenda - 05-02-2023; 5-c - Zoning Atlas Amendment – 4801 and 4901 Dairyland Road (PINs 9841-52-7281 9840-79-5091), Hillsborough, Bingham Township
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2, 2023 Action Agenda Item No. 5-c SUBJECT: Zoning Atlas Amendment — 4801 and 4901 Dairyland Road (PINs 9841-52- 7281, 9840-79-5091), Hillsborough, Bingham Township DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Application, Including Site Plan and Taylor Perschau, Current Planning & Zoning Supplemental Materials Supervisor, (919) 245-2597 2. Staff Report Cy Stober, Director, (919) 245-2592 3. Notification Materials and Certification 4. Neighborhood Information Meeting Report Form 5. Project Correspondence and Development Advisory Committee Comment(s) 6. Excerpt of Draft April 5, 2023 Planning Board Minutes and Signed Statement of Consistency 7. Statement of Consistency 8. Draft Ordinance, Including Proposed Conditions PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations and public comment, close the public hearing, and consider action on an applicant-initiated Zoning Atlas Amendment to rezone 190 +/- acres (PINs: 9841-52-7281, 9840-79-5091) located at 4801 and 4901 Dairyland Road, Hillsborough, within the Bingham Township of Orange County. The proposed rezoning is: FROM: AR (Agricultural Residential) TO: R-CD (Residential Conditional District) BACKGROUND: On December 8, 2022 a Conditional Zoning Atlas Amendment application was received, proposing to rezone 190+/- acres of property at 4801 and 4901 Dairyland Road, Hillsborough, in Bingham Township. Please review the Staff Report in Attachment 2 for additional information and analysis. Approval of a site-specific plan is part of the conditional district rezoning process, and the site plan and any agreed-upon conditions are binding to the development footprint permitted for the zoning district. 2 Basic Review Process: A conditional district rezoning application requires submission of a site plan and other documents, in accordance with Section 2.9.1(C) of the UDO. The typical cadence for the review is as follows: • First Action — Applicant holds a Neighborhood Information Meeting (NIM). Staff Comment — The Neighborhood Information Meeting was held on March 22, 2023 at 5:15 p.m. at the Orange County Public Library. The report form from this meeting are in Attachment 4. • Second Action — The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. Staff Comment. The Planning Board reviewed this application at its regular meeting on April 5, 2023. • Third Action — The BOCC receives the Planning Board and staff recommendations at an advertised public hearing and makes a decision on the application. Staff Comment — The public hearing is scheduled for May 2, 2023. Per Section 2.9.1 (F) (3) of the UDO, mutually agreed upon conditions can be imposed as part this process only if they address: a. The compatibility of the proposed development with surrounding property, b. Proposed support facilities (i.e. roadways and access points, parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, storm water drainage, the provision of open space, etc), and/or c. All other matters the County may find appropriate or the petitioner may propose. A formal site plan is required as part of a conditional rezoning application and has been submitted (Attachment 1). The applicant is proposing a conservation cluster flexible subdivision featuring 38 lots and a minimum of 33.33% open space, in addition to all applicable development standards for this use, as detailed in Section 7.12 of the Orange County UDO. Staff has recommended the imposition of conditions, as included in the Ordinance in Attachment 7. The following conditions have been proposed and agreed to by the applicant: 1. Application: Project shall be completed as presented in approved site plan/application packet; 2. The uses on the farm and associated permanent conservation areas will be limited to only those uses that are currently allowed on existing farms in the Orange Grove Community as of the date of approval; 3. Additional plantings will be added to the western property line of lot #34 to screen the view from parcel PIN 9841-32-2556; 4. The site property line will be marked with signage that reads, "DANGER, NO TRESPASSING — FARM EQUIPMENT IN USE" at lots 7 through 11 with signage facing both directions; 5. The developer will install a fence with no trespassing signage along the shared property line with tax parcel 9841-73-4586; 3 6. The developer will notify prospective new property purchasers of the Eden View Acres subdivision of the presence of a Shooting Range and associated noise on the adjacent property, so long as that use continues. 7. The Developer will notify prospective new property purchasers that this is a voluntary agriculture district. Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing were mailed via first class mail to property owners within 1,000 ft. of the subject parcel. These notices were mailed on April 11, 2023, 21 days before the hearing. Staff also posted the subject parcel with signs on April 11, 2023, 21 days before the hearing. See Attachment 3 for the notification materials. Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at its April 5, 2023 regular meeting. At this meeting the Board voted unanimously to recommend approval with specific changes of the Statement of Consistency (Attachment 7) and the proposed Zoning Atlas Amendment (Attachment 8). Two conditions are being recommended by the Planning Board and the applicant offered four additional conditions after the Planning Board meeting, based upon comments made at the meeting. All conditions are accepted by the applicant and have been incorporated into the Ordinance in Attachment 8. Excerpts of the minutes from the meeting, as well as the Board's signed statement of consistency, are included in Attachment 6. Agenda materials from the meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable and in the public interest as contained in Attachment 7. 2. Ordinance amending the Zoning Atlas, as well as imposing development conditions, for the identified parcels as contained in Attachment 8. FINANCIAL IMPACT: This request has been reviewed by various County departments which have determined that the approval of the request would not create the need for additional funding for the provision of County services. Costs associated with advertising, including meeting and public hearing notice and mailings, are covered by the application fee. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal 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. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. 4 RECOMMENDATION(S): The Manager recommends the Board: 1. Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2. Close the public hearing; and 3. Vote to Approve the Statement of Consistency (Attachment 7) and Zoning Atlas Amendments (Attachment 8). OR Vote to Deny the Zoning Atlas Amendments along with a stated rationale of inconsistency with the County's adopted plans. 5 Orange County Planning & Inspections Department ORANGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 NORTH CAROLINA 919-245-2575 or planningapps(a�orangecountync.gov Zoning Atlas Amendment — Rezoning Application Please check all applicable boxes and complete the required documentation. Additional information and submittal requirements are contained in Sections 2.8 and 2.9 of the Unified Development Ordinance (UDO). If completing by hand, please use black or blue ink. Date: Rezoning Request: ❑ Conventional District ❑ Conditional District Contact Information Property Owner(s): Mailing Address: Phone: Email: Applicant (if different than property owner): Mailing Address: Phone: Email: Property Information Parcel ID Number (PIN): Total Acreage: Address: Future Land Use Map Classification: Current Zoning Designation: Requested Zoning Designation: If applicant/owner are different people, include a signed, notarized, statement indicating that the owner has authorized the applicant to submit the request. In cases where there are multiple property owners, please attach an additional document containing their signatures authorizing the submission of the application or other legal documentation establishing the applicants' right to file on their behalf. Other Submittal Requirements Conventional District Rezoning Application Based on Section 2.8.3 of the Unified Development Ordinance (UDO): ❑ A map, at a legible scale, showing the property(s) subject to the request. A map may be procured at the Planning Department for a fee in accordance with the adopted Orange County Fee Schedule. ❑ A legal description of the property(s) proposed for rezoning. ❑ A list showing the names and addresses of all adjacent property owners within 1000-feet of the subject property. ❑ A detailed narrative denoting the following: i. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request. Page 1 of 2 6 ii. The changed, or changing, conditions (if any) that makes the proposed amendment reasonable necessary to promote the public health, safety, and general welfare. iii. How the proposed amendment is consistent with, or carries out the intent and purpose of the adopted Orange County Comprehensive Plan, or part thereof. ❑ The filing fee per the adopted Orange County fee schedule. Conditional District Rezoning Application Based on Section 2.9.2 (C) of the Unified Development Ordinance (UDO): x❑ A site plan prepared in accordance with the provisions of Section 2.5 of the UDO. Applications for a Master Plan Development (MPD) Conditional District (CD) shall adhere to the site plan preparation requirements outlined in Section 6.7 of the UDO. ❑ All CD applications, regardless of type, shall include a detailed landscape plan showing the location of on-site significant trees; proposed screening, buffers, and landscaping; and any proposed treatment of any existing natural features. ❑ A detailed description of the proposed use of property including an outline of the proposed development. This will include a detailed summary of proposed utility services. The utility service plan for applications for a Home Park (HP) CD shall specify if the proposed services are temporary or permanent connections. ❑ A detailed traffic survey, regardless of estimated daily trips, prepared in accordance with North Carolina Department of Transportation requirements and Section 6.17 of the UDO. 0 The appropriate environmental document(s) prepared in accordance with Section 6.16 of the UDO. ❑ A schedule of construction of all elements of the proposal. 0 Other information identified during the pre-application conference deemed essential to demonstrate the project's compliance with these regulations. 0 The filing fee per the adopted Orange County fee schedule. Certification and Signatures I (we), the undersigned, have been made aware of the process for the review and action associated with a UDO Zoning Atlas Amendment application and understand only completed applications, containing all information required by the Orange County UDO, shall be reviewed and acted upon by the County_ Further I (we) understand that any assistance I (we) may receive from County staff in preparing this application in no way guarantees a favorable recommendation by staff on the merits of this proposal nor does it guarantee an approval of the proposed atlas amendment by the County. Owner Signature(s) Applicant Signature (if different from owner) 113 to Date Page 2 of 2 7 The Story of our Farm by Ann Snipes Our family legacy began in the era of George Washington. Thomas Brewer who was born in 1793 a descent of Sackfield Brewer (1729 - 1810) obtained this parcel of land which was 570 acres through a land grant in 1760. From that, he came to own over a square mile of what is downtown "Orange Grove" His son Thomas Brewer Jr gave acres of land first to the church which has been the family church since this time. Cane Creek Baptist Church was founded in 1792 and many area families are of direct descent from the founding fathers including my family. In the 1800s our great, great grandfather, Alfred Snipes Sr purchased the land after marrying into the Brewer family, from his brother-in-law. It consisted of the home place, which at one time was the largest combining Federal and Greek Revival styles antebellum homes in the Orange County area. It consisted of 734 acres which were maintained by the family until today. This area is now known as Anilorac Farms and was incorporated in 1983 and designated a Century farm in 2018. The farm was named Anilorac which is Carolina spelled backward since every member of the family is a die- hard UNC fan. Our grandfather James Mason Snipes, Sr inherited the farm and worked the land alongside his sons, James Mason Snipes Jr, Charles Snipes, and grandsons Billy and Dan. The only surviving member of this team is Dan who still lives on the farmland with his wife. His children have built homes on farmland and reside in the area as well. Betsi resides in the home place which at one time housed the male school teachers for the Orange Grove Academy built-in 1897. He acquired this home and 55 acres of land at 18 years old. Our family has been involved and interested in conservation for as long as they have existed. The land was our lively hood and therefore great respect has been instilled in how to best utilize and value this commodity. All decisions we make have always been about how this will impact the land and the neighbors who have equally long histories in this area. In the mid-90s it became apparent at the death of our father and brother that continuing to operate as a dairy farm, which milked and grew crops for 350 cows twice a day, was no longer feasible. The operation was immense and the family was aging so the decision to stop the dairy operation was made. It was a very sad time but was probably one of the better financial decisions at the time. However, the land remained as well as the iconic silos with the UNC Tarheel prints marching across the top. Once again, we are facing the aging of family members and have decided that some of the lands will be designated for sale so that others can share this beautiful area. Childrenhood was optimal and we enjoyed playing outside alongside our cousins and neighbors. We biked and horseback rode and played over all this land. We had everything we ever wanted but also learned very early that work and play went hand in hand. We helped in the 8 gardens and learned all the skills needed to preserve whatever was harvested. This was the expectation for the girls as the boys were required to work at the barn even at a very early age. My brothers were at the barn at 3:30 am and still were required to do well in school and learn to play an instrument. They returned every afternoon at 3:30 pm to milk. While there was a tremendous amount of work to be done daily, year-round, I view my childhood as one of the greatest parts of my life. Sports were a tremendous part of our lives. We loved participating and spectating. Softball was a constant from early April thru September. Everyone in the family played regardless of age. There were varying levels of athletic from outstanding to sad, but she tried. To this day, we all still attend and watch and cheer for UNC. It has been the team of choice for our family and some family members are graduates. This land holds so many wonderful memories and events. It is our hope that it will provide others, and families, an opportunity to love the land as we do! 9 Eden View Acres Narrative Our goal is to create a community that is as self-sustainable as possible. We will implement thoughtful building practices, minimal grading and land disturbance, solar energy, rainwater collection, and a landscape design that focuses on producing food and useful products for the community. We are proposing Thirty-Eight lots, each lot will range from 2 to 5 acres. Each lot will have an individual well and septic system, ensuring that residents have an independent water supply and waste management system that is tailored to their specific needs. We will identify the most productive portions of existing fields, pastures, and cropland, and locate building lots on less productive land. We plan to build efficient, smart homes, sustainably built using the best quality materials. With options to build accessory dwelling units, we are seeking attainable housing, and a mixed-income, diverse community. In this Flexible Development, each Homestead will be located within a short walk of shared green space. Eden View Acres will provide residents with an array of exceptional amenities to enhance their daily life. The Food Forest trail will wind around the farmland fields and by the houses bringing everyone closer together. Educational stations along the way will inspire learning and creativity in nature. There are two ponds teaming with birds and fish that will provide an excellent source of outdoor recreation. The pavilion will serve as a central gathering spot, where community members can come together for classes, and events, or simply to relax and recharge in the tranquil surroundings. Additionally, the development will include two large open spaces or parks for shared use, providing ample opportunities for residents to enjoy the outdoors. Eighty percent of the homesites will offer stunning views of the surrounding pastures from the edge the forest, while the other 20 percent will be nestled further into the forest, offering an emphasis on being one with nature and minimal footprints. These forested lots will be perfect for those who want to feel connected to the forest and all the natural beauty it provides. While those on the edge of the forest while looking over the meadows, will enjoy the tranquility of the long view over the pastures that have been grazing cattle for over two centuries. The community's character will flow effortlessly into the nearby farms and communities, creating a sense of unity and belonging. Eden View Acres will be an exceptional place to live, work, and play, with amenities and surroundings that promote a healthy, sustainable, and fulfilling lifestyle. Eden View Acres will host three parks, all connected by a walking trail that will wind around the forest and into the farmland fields. The trails will be landscaped using 10 native edible species, providing a maturing food forest for the community. There will be educational stations along the way, designed to inspire learning and creativity in nature. Community is paramount to Eden View Acres, and we will collaborate with local groups focusing on education in nature. The park located in the center of the neighborhood will be a hub of outdoor activity and natural fun. Designed with an eye toward sustainability and fitness, it will feature natural climbing structures, rope swings, and slides built into the surrounding hills. These features will provide an exciting and challenging environment for kids and adults alike to explore and test their limits. Additionally, the park will include a natural playground, designed to encourage imaginative play and creativity in all ages. The playground will feature materials such as logs, stumps, and boulders, and will be arranged in a way that promotes social interaction and exploration. With these unique features, the park will be a wonderful place for residents to connect with nature and stay active in a fun and engaging way. At Eden View Acres, we are committed to adhering to the principles of the Orange County Comprehensive Plan. Our development plan takes into account the prime view sheds, such as those visible from Orange Grove Road. To preserve the natural beauty of the area, we have chosen to locate our active farm off Orange Grove Road, making our neighborhood's entrance off Dairyl_and. This decision ensures that the value of all view sheds is protected, and the land retains its unspoiled charm. As we plan the development of Eden View Acres, we are taking great care to protect the beautiful trees that already exist on the land. We have identified several mature trees that are particularly stunning and unique. We are designing our proposed homesites and roads to work with the landscape to the best of our abilities while still meeting the D.O.T. standards for residential roadways. By avoiding areas with large or significant trees and choosing a path along ridges and in flatter zones, we will minimize the need for grading and land disturbance. In addition, we plan to implement a protective zone around each tree within the primary open space, that will prevent construction equipment and materials from damaging the tree's root system or trunk. All significant trees and natural features in the primary open spaces will be prioritized for protection. We plan to protect all substantial trees on any lot. We have also designed a plan to be implemented for the protection of natural features, including shared viewsheds of secondary open spaces will be preserved through careful management. Our goal is not only to preserve the natural beauty of the area but also to ensure that this land continues to thrive and mature for generations to come. Our plan also includes the creation of a food trail, where edible plants, shrubs, and trees will be grown together in a way that mimics the natural ecosystems of the 11 area. This approach will help to provide food and useful products for the community while also promoting soil health, reducing erosion, and providing habitats for wildlife. We will also be incorporating pollinator-friendly plants into the landscaping plan, which will support the local bee population and other beneficial insects. The plants we choose will provide food, shelter, and nesting sites for these important species, promoting a healthy and diverse ecosystem. In addition to the landscaping plan, we are also designing our roads and buildings to minimize our impact on the land. Our roadways will be designed to work with the existing terrain and will be built in a way that minimizes the amount of grading and land disturbance necessary. The roadways within Eden View will be built to D.O.T standards in order to be turned over to the state for maintenance. The roads will be professionally engineered to have minimal impact on the existing pastures, cropland, feedlots, and similar uses. Our development will consider the importance of preserving the scenic views and vistas of the area, particularly as seen from public roadways. To this end, we will prioritize leaving these views unblocked or uninterrupted. We will add to the existing landscape when needed using locally found species to create a natural visual buffer. These buffers will ensure views from the road are preserved for generations to come. In addition, we will be using the local flora found on the site as a visual screen and planting more trees will be used as a visual screen to provide privacy. We will plant Maple, Cedar, Oaks, and other trees that are already flourishing in the area to ensure that our design blends in with the existing natural landscape. Our goal is to create a community that harmonizes with the environment while providing residents with a sustainable, healthy, and beautiful place to call home. The road will be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state-maintained roads only via subdivision roads providing internal access to lots in the subdivision. Building lots will mostly be located in forested areas away from existing pastures croplands. When possible, the homes will be built within the wooded areas, preserving the viewsheds, and maximizing privacy, while maintaining the concept of a shared open space. Two beautiful ponds will be Preserved and nourished as part of the community's commitment to preserving the natural environment. We plan to redesign them using permaculture principles, ensuring their longevity and supporting the surrounding ecosystem. The ponds will be enhanced with a variety of trees, including Willows, Cypresses, and Red Maples, which will provide shade and habitat for a variety of 12 species. We will also plant aquatic vegetation, such as Duckweed and Water lilies, which will oxygenate the water and create a healthy environment for fish and other aquatic life. In addition, we will incorporate native shrubs and flowers, such as Elderberry and Bee balm, to support pollinators and provide food and shelter for wildlife. By employing permaculture practices, the ponds will not only be beautiful and enjoyable for residents but will also serve as an important resource for the local ecosystem. The neighborhood's pavilion will serve as a gathering spot for the community, providing an ideal venue for hosting classes and community events. It will be a place of learning, teaching, studying, and growing, where individuals can come together and engage in meaningful discussions and activities. With its beautiful surroundings and peaceful atmosphere, the pavilion will be the perfect place to enjoy your morning coffee or a glass of wine in the evening. Additionally, with the blazing-fast fiber internet, the pavilion will offer multiple places to work independently and efficiently, allowing residents to work and play in a comfortable and conducive environment. The pavilion will be constructed using classic timber framing techniques, utilizing the highest quality sustainable resources available. This will not only ensure the durability and longevity of the structure but also minimize its impact on the environment. The design of the pavilion will incorporate accents from the land, with natural materials and colors that seamlessly blend in with the surrounding landscape. The result will be a beautiful and harmonious structure that complements the natural beauty of the area. Whether you're attending a class or simply enjoying the scenery, the pavilion will be a welcoming and peaceful place that reflects the values of the community. In conclusion, Eden View Acres is not just a proposed Flexible development but also a community that has been carefully designed to preserve the natural beauty of the area while providing a harmonious and healthy environment for residents to thrive. Our permaculture-based landscaping plan will promote biodiversity and support the local ecosystem, while also providing food security and useful products for the community. Our focus on green building practices, minimal grading and land disturbance, solar energy, and rainwater collection, will ensure that we are minimizing our impact on the land and conserving the farmland on the site. We are also committed to creating a diverse community, where residents can enjoy shared green spaces, scenic views, and a healthy lifestyle. 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WITH ORANGE COUNTY UDO TO BE li IRANGECOUNTY UDI PLAT REOUIREMENR(AftiICLE 11dI SHAM OE MET WITH ANYROFINIAL 5 PROVIDfp,PENDING APPROVAL. 51185EpUENT FLAT55uBMITIEOFOR PROJECT,PENDING APPROVAL. RIMARY a SECONDARY \ �i/ SERENNE RFACEISGREATERTHAN6%oFS ITORMWATER / PA SPACE 2 RE MS PUNoSI ASSNECESSARY TO BE APPROVED BY THE EROSION COUTROL GRACE 'I I ASPHALT PARKING LOT FOR PRIOR TO ISSUANCE A:oNINGCOMPUANCEPERMIT. //// 1.31.758.01 SF Foa / PAVIL,ONI,J IA ES ' APPROVAL PLAN CINFIRMINGWIHORANGEGQU 11OTOBEPROVIGEI,PPIGING / 3.025 AC "< 4 c i 3. ALAND D,STURBANCE PERMIT WILL BE OBTAINED ATTIME OF FINAL PUT. /\ /LOT sTaucTUF EssaiR E'A5V6IwLs°oN /HOUSF�IAPPROX. / SAC ' A� A I STRUCL 0 P. ROADS TO MEET NCIOT SPEOINCAn 1 / OCAT18(,TYE) 117,.0 ff1, I p MARY AND/oRA l IF 1 OPENRSPACE 1 1 ELroBELoRRUS. MIwA,uMOF,ooFgoEq�lroEVYIn°,aI"4MunceEAPpeoveD3YTHE /, / ' ORANGE COUNTY PUNNING D PARiMPENTEN SAT TME OF FINAL PIAT. LE WA I -- \\ 12.1996.0 SF D L cnfi'oe,'RTv°vX.i I" _ Ln R fST 3 I 12.199 AC g z \� -xii5s- N O �1 9•REAR SET3ACK rvoTe PRIVATE Lars / sR7jRY�Nsos.BocsF RIPARIAN BUFFER N; w V _ THATINTERSECTTRAIL '��R \\ ___-_ R(PRIMARY _ p B-- / /(`� OPEN SP MIN. ¢ WITEM WILL HAVE A50 LOT —T— oPUBLIC ACCESS _ AT 2 \ \ 1 wa Z SEBaDK�� SETBACK ALpNG HE �'�� ��; w SIII Al ID oE' ET __J CHOOL eUS ppURRN E PROPERTY OFFSET ET I ,} 1 HousE `\-" Lp ,C, ' j�cLUNT L 40 --` (APPRox s Fes'_'"SPAcfs "G;° ,5 IL 1 ,SI's T LE ooFFGET -) III E\L_;q S A I slIis7 66 MBNsEEdo�-- vEwnv3E TO YSMAIJ4-' .WELL,AND SETBACK SKIES NFRE:B/OI Fa SEPTICOFIELD G�� ✓ DET PRESNOTE ERVE AS MANY TR STAB PORE ss SLTE'E FINAL PLAT,ttP. ED 27.9• I' fxI3TING 3 TYPICAL LOT 2 SIGN � FLEXIBLE SUBDIVISION 01.1 14 �eF aMIN"Is aoAo o v 3 SITE z \`} Y o OF VICINITY PRELIMINARY PLAN SCALE:12000 PROJECT DATA OF KINs R5 11 CARS I RI 11 NED EDEN VIEW D 151ED USE S"J., 919B19BBB Ts,a 1RA1_R4 9a12ClI"E11AC91 HILLSBOROUGH, NORTH CAROLINA DFFDREF NINHI °°°"z68 °'60 0 FEE RRARSETRAC' END, 111 1111 .EEF (WI III D�OPEN SPACE) B1 W,IaIARKINGIPAGEI, FIW/BPAEKING1PAGSI BnRN5�141 BF 111111 PARK CBI PREPARED FOR: TGALTP INGSPACEI SUN FOREST SYSTEMS TOTA�TDR� °1 TGTALPAVEDAREA _AT 131=EITOBEDUERMNEDATTIMEOPHNILPLA,I 388 OLD PIEDMONT CIRCLE GTALIMPERVIG1111RPAGE MA.1.90IaB,FDR99MAI„a. l=Erw�„sM i LTO 11 oELFRGIlEOATI'M,OF FINAL PLAT)Lo CHAPEL HILL, NC 27516 6RSEPT OPRGADTF,gw,pE1 H ,.633�F,To BF DE<ERMINED AT„ME DF FINAL Pan 1 AREA IN RIGHT OF WAY 40S.111 OPEN SPACE 11 Sl ACEES I.FRE.1S.1 CLIENT: M ss SIK FOR pI1APROPERTY1N1 YE.1 ITT CHAPEL HNO vsle PROJECT NOTES NT COACT,KEITH BROwN REGIS RDYILNFO URVOEYOR.DATEDAPRILPI9E`]D22LAT PREPARED BY MICHAEL GRIFFIN. APPLICANT/CONSULTANT: '°FGGRAPH”"FORMAvoNo15RETAKEIFEGM1"Ill . MOM F"VIRG"MEMAL A010CIATFS. LANDSCAPE IIECT/LAND PLANNER: PAal b l.lwiN.RD.1UPH GREENBOORO,NC i]s09 DA TED 111.21 Ao A°NO ;EwELL FEBRUARY 28, 2023 ALLL SURROUNNDIAFFECTED GE ROPERTY I ZONED AS DR PLAIN. COMMITTED ELEMENTS CIVIL ENGINEER: HREEPARKSTHATWIUBECGNNECTED WALKING TRAIL THAI WILL WIND AROUND THE foRFST AND IMG TIE FARMLAN,FIELDSBr D 11116AuN L E AND SOME EDIBLE SPECIES SoaATEs we DesGNATSA BiRo Sn"cNT.oN PA ET of TxBsiTE V Au eSc�H'EERINGAS EN SPACE POST OCLIFFM CE Box 16zs KwG FARMwTx coMMol oP 'lACEAD .THETDTH0IELois T1ATCONlTRUCT AND REM AN ACCESSORY DWELLING UNIT 1100) CO THOMAS KAGARISE -'c—. 6.. PREPARED BY: PRNOMFORY e Y3. Sheet List TableCONSTRUCTION IT 119,11, 1 SUBMITTAL HISTORY ✓COVER SHEET �TIJ VE, 11TIGN1 B,ITEA1 T THOMAS IS SLOPE ANALYSIS MAP YTHOMASITE PLAN OVERALLS HUTTONHUTTON A1 w't"`60 8 >w 15 -- D 1�— — —_ — s— �� � --- ------- -- — 2. ENr AE I OPEN 1 _ N Qg2Uy�o°`�/ PAsr \, smFnm ficEl \\ EC-OA Rey N 111 - OPEN SPACE) s eur�pav __ _ g91N �y� 1 1 = A VV //////yyy��� Po�ENT ENT ea gPR MAR ' E ERTY ^ / -�`\ IINP ao.oUFFE RIPARIAN \ MII 1,1 ., R saA EiPE POR EaEse'sP'��M EASE. v P (sENSoaav s PEN6 ACEI TR6y �ONr {�� RIO I LN 50 G 1 � _ \ -4 ,./t, /OR VE � 1\111 U<) Z o \ M n �� o �AIEMPNT I SP PAETNRE =I o poiENTIAL I /�J(IN—R—PEN r a IS um LOCATION / cENy N ro_IOPH RE AT owNE R NRN�REER r PA: oM�PIN o`A.NE J nP_, a (PRIMA R u N N OSP NO PACE \ --- AIPEN F j N� 1-11 �x o E AT CES o 1 E1^XISTING CONDITIONS&SITE ANALYSIS MAP ou r�o� =2W' 16 1 1<0 OZ O 1 1 •' i I \"` s 111, „'k.'^"' m 11 • \ 1 ' sEM i =' 11 - � Y eE REA, — o To 15 s— Al E a �, I - Rr <9 - LLI SII 1 SLOPE ANALYSIS �� ^moo zoo -200 D1.2 17 Rb id /(Piv..ou«oaav\ UFFE � 111 J-F 11 11 y4 \ sET TROAC :1 / =a 1;1:111 / ..... sH+resoigs III \ \111 /Y I / _ zo 02 D FIR—RI K'REEK Po T / w � Z U ER ol 7 SOILS MAP f r_-. 6 T. o D1.3 18 ATE 50'GAS ACCESS EASEMENT FOR FUTURE a EK.Gl. SR14 EASEMEry Rae. ROADWAY.CONNECTI \ -� �_�� Y O e-- -- - - - - _ _ I a p / - \ 1- --�_• z �\ :LOT 2' 54 ae.o• LOT 24 i o ao' �-A '1\ \ \\I900J�04 SG 1\ _ 129.Hfi.)56Y J W Z fn FOR PARE L\_ I - I a'o `a wENs - t33 L0�32 CONDaRv aPRINwaY 1\ -- �` I U 0 1 1 I = v (25SPACE.) LOT ' 1�yM1,¢SH9,u �) �, 1 LOT 23� 1 I - 5 m s OPEN SPACE 4 ` LOT 26 u AC 'i"`'s. q / 2U.EC ,19E5.a2� .wA A i F ILOT 9)5.2)5.16 4 98 AC ,\,\ / 1 I \ONE STRUCTUFARMRES �\ / 65254.J3 SF A " `y,r ,/ % \a 1111111 =_-'rAiapwrrawtai--_ �osnroNasa FEe s L"21 \1,` --� ISUBJECTTD 10892J15 SF so.B 1 11 - x BARm No- 1 CHANGE) -214 2 -IcFE s9oa ��/ �~ L WLO.) LOT 27 II ta'naic i�..r'✓ A �\ FZB Lf ",ELTYPI Al \\ 128,SOH SF /1A ISFI FASEMEN:1111\ �\\ / IMARr I'D 1. -�'_ Lo 3%- ,�BWa� \ �_•—__�nAo' / _—__—__—_1 s?3 1 1 sOPEN SPACE 5 �`\ ,,/ 1,aa)s% `s LOT 21 SIJ Al \- ' 1310 AC 1 / 1 1 GnaNle I w4au 95 ff A LOT 30 �/ 1/F/ 139.82S.5HSE A 111 TRAIL / ('sss)i`5F% s LOT 28 I / 1 1 4 �` / y as 2H AL su FACE �� / z j,( AC OT 29 1 LOT38 / 11 TAT lul RAC IPARInn euPFER ,� 'l 1 1' aoS,Ac 15a,au.z, F LOT 12 ' '� (111 ❑s,uas6 ff et"Oslr\ las e�ui°4 I I LOTa 20 i \I Iv IPNIMAYREN ° LOT 13 Isa.1.IF I -h SPACE) A A L L ��-\zz2sse.zAAs°4 ' I E HUDSONCREEK / \\\`� LOTS 1 i \\\ RMz asPNALr - / A anNO R. `` `I EASEMENT s \ 1 \ IAS31U.46ff / • \` °(J SPACE$)` PUN/ I v� FAS " 1 141 �'r --- -- � ' cAs o`z LOST 10 �\-� LOT 14 w / __ � c Ya 111.11ai4ii4tC4 / V v °Fv 2weas i°s •, z /_ OPEN SPACE 3 _ 1v 11 / �� � LOT 15 191,516.20 SF _g E6Ac4 4.397 AC w 1 2,13B fl LOT 9 I F LOT Id �IA SA LOT 8 LOT 6 � ----- -� NOTES �/ ,ziBID1.IF I LOT 7 1 u3 e.JissF I� LOT 171I cQc o 6 rvOFOR CONSTRUC11oN DEBRIS ASSOCI11C WITH II.EACH Lor WILL BE SERVED BY 111—WEU AND SEPnC I131,Z9631ff H5,S65.H2CSN N� z ACEMEN 1 __ THE PERMnSD ACT vnY Lt'IS PREssI,Y PRonlen D. UNG CoIJ>;RbN WILL BE VIA PRrvpTESEgvICE. EAS T O I' o LOT 1 R SUBDIVISION PLAT AND 12.SOUR WASTE All RECYCLING I( "- 780 Aa >nN a coNSTRUCTIONDR—U.,PENONGAPPROVALBYSBEsueverwR 1eHADBEwIiHwDEDICAiEDEASEMEN,sRECOR°ED LOT 5 )6,6,5.3,�F F I 3z s BE APPROVED BY THE BUILDING OFFOAL PRIOR TO ATTHEoftarvcecouNTv REGISTER or DEEDS. ���.� Ize.51E4<CSF 9 - s 155uANCE Q'AMU OVERHEAD OWNED MAINTAINED RS ASSOCIAnON- � AS �� = U PON P ANS TO v 1418 A (DING PERMIT. la.OPEN SPACE WILL BE OWNED ANO MAINTAII'IFn BTAHOMEOWNE / � ASIANI BUFFER a ROL PIANC)AND GRADING PLAN(S)CONFORMING WBH ORANGE COUNTY 15 OCUMENTAnON,TO BE APPROVED BY THE COUNTY ATTORNEY,WILL BE PROVIDED ��/ \ \\ \ � A4 61,780.}5 _ (PRIMARYPEN Q UDo IO 6E PROVIDE°,PENDING APPROVAL ESTABLLSHING ENIIPES.RESPONSIBLE FOR CONTROL OVER COMMON AREAS AND MGIUDES. \ - SPACE) MANAGEMENT PLAN(Sj CONFORMING WITH ORANGE COUNTY LOO TO BE 16.RAL.GE000NTY UDO PLAT REQUIREMENTS(ARTICLE TI 3)SHALL BE ME WITH ANYe `lTAL 5 PROVDEOTFUNDING APPROVAL. SUBSEQUENT PLATS SUBMITTED FOR PROJECT,PENDING APPROVAL \/� E ENNWL AT 6 BTOCPOSED IM PERVIOUS SURFACE IS GREATER THAN 6%OF SBE,STORMwATER \ pF)ASNECE55BECON— ARYTO1EAPPROVEDBYINSR-11ONCONTROLOFRCE POPENANRY HSPACE 2 ) P PNKINGLo R PR1oRTOISHLAGE A:orvINGCOMPUACEPERMB. i 1.31,758.01 SF FOR A I PAVILION(„PA Es)TP M NcoNFORMINGWI oRArvGECou rvuooioeEPROVDED,PENDING f/ / 3.025 AC S C o APIPETY AN (FSA THERING N PLAEDCE' H. ALAND DI6TURBANGEPERMBwBLBEOBTAINEOAinMEOFHNALPUT H�oLSE,wPPROK //20544 4! �\ I ETRuciD P)NF=IS v. 1-1 TO MEET Ncooi SPECINcnnoNt. / fir '') / 117,40865 ff1 1 'MSS PF MARY 10 HOUSES TO BE LOCATEDAMINIMUMOF-FROMPRIMARYOPENSPACEANDTORA°BrmE / / }I! Ij OPENSPACE1 UNMI ORA CoOoU5B4TYvuFmlHCNoev uTMPevTn:nMEAoiNNEniaTur MUST BE APPROVE R V T/A1 -- \ 531,386.97 SF tST 3 V �, A= Ilii 12.199 AC g z O'REPA SETBACK THAT IPRIVATE-GIFS 1 SO9> R 021 AC `` ``h -- (\I R(PBARIIAPNBUFFER } 3 O \I\/ LOT PUBLIC CC R RY I,s91 A 4 \\ \\I �1 NO Te NRIVATELGTB /> No \ ///� _-__ \ O 4n Lu wMw. T rALONc iHEO / �� \sla �T p`\ ,V4�� 11� I ACEIPEN w� Z N G11DECK�r _�) 1EnSIEMEN ( �1I I I \�J. U. HIfiIHC4 \ /�\ \`Y\ -.-- �NI \ Za w BD \ l� \ \ I\ O3 x ------ SETBACK iDE J I'� _I HooLeusTuNv�v PROPERTY OFFSET /�0i 'i HOUSE �" TPARK KNG � 11 N E �c1UND oSEPTIC aiBUD OFF -r-;-�OSF - tAPPRox slg) ACE.BUU EngA EPA ) �'SP ii7a6 1 I i °e SL. VEWAY,WELL.AN° eR� \ FIT LT� FR °sEancoIELD swos sT \ BETIBAGK EONOTE I`PR-E1ENT1 TO BE '�I s NREsID, PRESERVE AS MANYmeS AS Poss B°E FIND PUT,ttP. n.a �Ex nNG Roan I All \\ c\T 3 TYPICAL LOT 2 SIGN 1 FLEXIBLE SUBDIVISION r=wo• ,.=SD• ,•=zaD• e C1.1 19 [ Ex GRAVEL DR EA50-GAS s ¢BUCUT N F eEREE CONNECTION O e -- _ —_- — __ - _ — �SO� T� ------�_- ----------- -- ----� =oo /y_-'�^ ��, o�e2B Ac 1 icsv $ LOTS&25 LOT 24 i o R 1\ RE,0]A04 IF \` 129, 9 UL Z US PARKIrvcP SEA :� �_� �- _ a o �^Ooe' 11.1 I =_---___-_ oPEry SPACE ;#•Oi43� L0AL \ cmUAnY APRIMARY -- �` U a 1 1 1 FO LO s za s `es�' I SOPEN SPACE 4 LOT 26 ' 1 W i AC i 6s1.i'sa.]3 sF 1 _ LOT -'-�\UES m2zilAC sss _ -=fxfaRm:macro=_= `I SiTRou s (] ��_- LOT 2 __J 1j 7F-WEFSE_3iRi- — \\�^ 3pzl AC 1Al =--_—=="-s =� ��� uHERvSHE P.I LOT227 ml.naaB EASEMENT I 11� IMARr / LOUR 3Z- _T41 %- _ sOPEN SPACE 5 �`\ ;a9}4]ff% L 311 Al ' 1,494.Bd4.95 A LOT 30 /' / 139.88. E , ARRIE8 \ 11 Id Tw.ur ` Befi°ss]i Cff%- j' ,Ts �-ey4 LOT 28 "GI NAnVIDE / �G �w'a � ,6z 11.113 LOT 38 1 _ 1'1 RF w LOT 29 rids 3 111 TRAI esu 3. 0 1s,au.v sT� LOT 12 ' V 1 1 u3.ssisi s TSE LOT 20 i 1111 RIPARIAN BUFFER / �A\ 185,841.11 S I 1^ 3028 AC 1 ryRIMARr OPENvv Rhv ��.� LOT 13 158,MB8B ff -h SPACE) ; 1 / 222k96.26Cff 11 111 / LOT 11 \\ ROAo `` 1111 CREEK NAREAG EAS MENT 'o a 11 SLOT p0 ---� LOT 14 OPENSPAFo�E A 6?o 11111 }n c v�A, 5609 ` OPEN SPACE 3 _ T4D.TES: 1•1 \32,922.41 sF / \ H� R40,9p9.94 BF g DSCAPE BUFFERS WITHOUT EXISTING cETAnoN WILL BE \\ / "k LOT 15 191,516.20 SF _q NEW e rririANosmeETrREEPurvTNGSrocorvslsT NOTES \J ` ��r ._— -� 1--�\` s,69i.6ocss 4'397 AC OF warrvE SPECIES AND FLowERING snaues I OVAL OF EXISTING VEGETATION WILL TTO A MINIMUM PER �/ — —...\/ \ 1 RE BUFFER LAND LOT 9 LOT 1� �. coNSTRucnoN ANO Peo+FCTFO PFR.LIQ REGUIUEMFNrs. // /\3 1 ?96814` oac 4p^eB^DBH 'E 3. ROADSIDE PERIMETER BUFFERS TO UNDISTURBED. 4},a\S4CBF/' 1 Ex.wI41re •i 61NTFAIORSIDE ROOT ZONE OF TREES IN PROTECTED AREAS WILL BE PROTECTED IF THEY FILL OUTSIDE OF THE �\\\�'R` �O.pB ' ' LOT 6 Ili p � �KEEX.FEE OAK 40�60"DBH N Z o 0 \IRI;9az.le sF F LOT 7 g-4aa Ap LOs 1071 I Q BUFFER(TYP.1 5 FENCING WILL BE USED TO DELNEATEALLTREES NEAR ANY /// \\ }pT pC ' S26.]SF 0 I mtl HOUSE CONSTRUCPON. ep.p' 1131,89631 4 /,I 85,366-62 EH \ PROTECTS LUSTER LdO TREE PR 14. I o O ION _ t WELL ACCESS ----- 1 __—__— IAPPROX_SIXE) 6. TREE PROTECTION OR CONSTRUCTIONEENCING.WIU BE USED TO OEUNEATESTREAM BUFFERS EASEMENT, LOT 1 of TREES Q _ a NEAR ANY POTENTIAL CONSTRUCTION. 2 POTENTIAL -- HT,.OUAMITVB ] \I ,L LOTS ]fi 6d534 , ~ = 3z o ED.PRO, DCATIONS TBD AT TIME OF FINAL ARCLIGHTING ER_W OARDGUIUF `\ /\ INES '/ \ 130,SRNCSF 1 "C6T -E f LANTINrnG' PLAT // \__ Bp PCGU LoiPER EEIttPT.DDANTItt&. / \ \ \•\ 61.]8}.35 oN=BDArTMEDFFINA �-- XGe i; \\ �.1 (REQUIRE T�ENTSTOGEMET 8IT E1 �E�-------------- __ VUETUANCE EXISTING SECONDARY POSSIBLE) H-TEITIF ,INFO N T.ERS RN,M A PRIMARY OPEN&SPACE 2 Rc°a1 NY OPEN 4 TYP.LOT WITH NO EXISTING VEGETATION CBF PFRRMr, L /// 131,758.01 SF PERE Ace) spp, %// / 3.025 AC _ \ STREAMS rosHRs LNEEA,v uITPE,T°"oNOT>rTBPEB �// /\ FORKCRB LOT`4 /r' P DN'SGATHERING PLACE• Y FNV LION WITH PARKING 117NEE5C5F1NOTES , i4oscAPE BUFFER REQUIREMENTS MET PARTnuvwlTn ExlsnNG �1 TYP.50'BUFFER PLANTINGSe / OPENR SPACE 1 a ='l—NP PARTALLV FILLED WITH EXISTING VEGETATION wIU BE T.=^o. �cREE f I'�' -__-_= 531,386.97 SF p tirRLnimscACEeF'aNx LANTINGS TO CONSIST OF \�' ;(MIX OFn v� ES fST 3\_ I --_ TNGB 12.199 AC Fn NATIVE SPECIES AND FLowERIu SNaUbs �, FAETkRo pR PINE, o21 Ac \� 1 - - N > NGTt�NDEET EE CYPEITH EXISTING ON REQUIREMENTS MET SR r�YCgNO�\ / ETC) 16WWSF II AN RIPARIANILFFER }y W W N --�loa•RE_L,w P BUFFER ENTREE w ss, (PRIMARY OPEN FJ a E "niINGw O'cAPEBDFER G -==_- u VEGET L'°.s_R_LA /�� _ ��� IAT 2` �\ . --__- �< LZi, LL, i�, i6I� R'IQE lZ`Rr CAPE ,r --- `1 ,i w 1> •.v DO HOTSIF USnP.I iIINTERTOR SIDE --� --� -- CLEARING BU I' iit ILO wEl� OGAPPAOX.SIZATTIME OF FINAL FFER(TYP.) ITU CH00 eUN. ,SSP /3]88 1 / U T r16a,936.pB z '1 f B _______ WELL .I HOUSE 1 / ' I—� I Z �- TREETLIGHTQUA 11 iP tPPRbxs¢EI MILK 3 P�rTIQNbTBD SIGN R:IC,CSAET \ \\J �' POTENTIAL T�—cpNry PLANTINGSTRE 90 P.)TOUANTITY&NTItt RAY N9 TBO ATTMEOF FINAL I EXISTING ROA° 3Y , _14 \BTFT.ET CCATOPERRST T IMEOF FINAL PLAT NGE COUNTY LED EXISTO-IRSWHOREP SSIBL LIMBS OF CLEARiN I � \\ 11 =- \ EXIST NO WH BE MET*IT' I TYP.LOT WITH PARTIAL EXISTING VEGETATION �1 TYP.LOT WITH FULL EXISTING VEGETATION �� 11 LANDSCAPE&TREE PRESERVATION PLAN s q) ,"=200' ., i..=200' �/ ,•=200' 20 Rr-ID' 1 • 3r-1q' CIL,-0' q,-0• C2 GL CIL GL GJ PI"x&4"x13"Rick lmin) CIJ GJ GJ CIL GJ GIJ e poslfaoan9 wM r IRl pd rebareacM1weY GJ bP.trellis areal P4"x24' 3P'r 30"min. 3o"x3q'Imm. 30'x3P'1min. Cltry (ae�,' b CrL CILN 18'tlepM) 18'tlepM) lr eepU) H GL CIJ GJ GJ�GJ GJ m V '� GJ GJ GJ GJ GJ GJ GJ �+ :clJ CIJ GJ GJ GJ GJ GJ CIJ( GJ GJ 1l I)Nabto lin Min mum l2'witln ar base olWmetl �—atltl(I) in eaol tlowm footing wlb(2)%A rebar lorg tliiecbon mntlnuous ltypkal Nowt bul tllM Mmimum 4"IM1kk come@slab over mmmamd'gavel bsae(1yPiral) PAVILION SLAB CMU base forNeplam ___ GJ - ToP oblab M.L SaiRS ens surmwtlln9%= i o i GJ GJ GJ TCJe1l I I ___. T-o'x11'-0"x 18'tM1ick min. J �Mi' m d"Nidmnuele Nab over a.t IT Toc fao4 ewM Wlrebai� I nm m4'gavel base(rypirel) a1ed eiaNion OUTDOOR KITCHEN SLAB I I roP orsMeael.sgrsr — CIJ —GJ fJJ GJ qJ GJ CIJ Gd _ GJ 3Px30'rc 13'mlok lmin.l wnorele 3'-1fl" 2'4'�� I Mmimumd"Mickmncrete slab oror` I � CIJ __ � GJ (ryP,Pau��waY GJ GJ minimum d'grarel base lNgwl� a faatlrigwiN(3)Wrebarilion areal GJ CIJ •-------� m GJ GJ G `. y G � CIJ GJ ? CIJ C2 m.),03o" 3 GJ d.W) aMk GJCJ . G1- CIJ GJ CA7 12'-0' 13'-1' Y11' 1'-0' 9'P" 9'0" 11'-0" 1P'3' T6' 8'A' 3'-13^ 1'3" T-11' 1b"T-11' :f' GL R6'10" r- r 3r1P � m NOTE:Review electrical layout on floor plan and run conduit as needed / / FIRE PIT prior to casting concrete slabs / / mPoraub at*M1 sores' \ \ n NOTE:All footing sizes are based on on a minimum 2,000 PSF soil I I GPen a I I beadng capacity p I I R,itl I II I / �Pfoolm9 wM 121 MA�arP \ \ s& �3 wmca an�wn:wb°eeaaeae / / (tyvrae Ptlaree varimeterfoogPg) alla"above slab-amitlinq Slane veneerover 3'CMlltrom fmgrg to botlom of NabWveNcal..r\ slebovermlMmum 4' e13T o.c in a.Pb concrete nleticells.6Wne feangboNsiaes \� grerel bem(tYPlnl) above slab lNP. area Perlmelerwall) A1.1 21 Orange County Planning & Inspections Department ORANGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 NORTH CAROLINA 919-245-2575 or planningapps(cDorangecountync.gov Environmental Assessment Please check all applicable boxes and complete the required documentation. Additional information is contained in Section 2.25 of the Unified Development Ordinance (UDO). If completing by hand, please use black or blue ink. An Environmental Assessment(EA)shall be required for each individual parcel proposed for development consistent with applicable criterial as detailed within the UDO. Date: Contact Information Property Owner(s): Mailing Address: Phone: Email: Applicant (if different than property owner): Mailing Address: Phone: Email: I. Property Information Parcel ID Number (PIN): Address: Acreage: Township: Zoning District: Watershed Overlay: Other Overlay: II. General Site Information A. Adjacent Property Zoning North: South: East: West: Land Use North: South: East: West: B. Topography ■ Highest Elevation: ■ Lowest Elevation: ■ General direction of slope: Page 1 of 5 22 ■ Estimated % of property with: 0 — 5% slope: 5 — 15% slope: 15 — 25% slope: More than 25% slope: C. Water Features and Drainage The following water features are located on the property: ❑ Streams ❑ Wetlands ❑ Ponds ❑ Drainage Easements ❑ Special Flood Hazard Area Describe (attach additional sheets if needed) D. Does the property contain any of the following Inventory of Natural or Cultural Resources? As identified in the "Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or the "Inventory of Natural Areas and Wildlife Habitats of Orange County, North Carolina". 1. Cemeteries ❑ Yes ❑ No 2. Archaeological sites ❑ Yes ❑ No 3. Historic sites ❑ Yes ❑ No 4. Areas of geological significance ❑ Yes ❑ No 5. Designated natural areas ❑ Yes ❑ No 6. Designated habitat ❑ Yes ❑ No For each yes answer above, please indicate the location on the site plan and complete Attachment A. III. Project Description A. Describe proposed use of property: B. Number of lots: C. Number of structures: Page 2 of 5 23 D. Estimated square footage of area to be graded for development of attached residential units (excluding roads, but including parking areas) E. Estimated square footage of area to be graded for non-residential use (excluding roads) F. Estimated area to be graded for roads • Road type: ❑ Public ❑ Private ❑ Class A ❑ Class B ■ Total road length: IIII. State Permits Required A. Does the project involve the mining of earth products? ❑ Yes ❑ No • If yes, how many cubic feet of material are expected to be excavated? ■ Has an application for a Mining Permit been submitted to NCDRCD? ❑ Yes ❑ No Please attach map indicating expected extent of proposed activity. B. Does the project involve generation or storage of hazardous or toxic wastes, as identified by the Environmental Protection Agency? ❑ Yes ❑ No ■ Describe the wastes to be generated: ■ How much material is expected to be generated per month? ■ Will any material be treated onsite? ❑ Yes ❑ No If yes, indicate volume: Will any material be stored onsite? ❑ Yes ❑ No If yes, indicate volume: ■ Where will disposal of the material take place? ■ How will materials be transported to the disposal site? ■ What measures are proposed to protect water quality and air quality in case of spills? Page 3 of 5 24 C. Will the project involve a land application system for treatment of wastewater? ■ ❑ Yes ❑ No - If yes, describe ■ Has an application for a non-discharge permit been submitted to the NC Department of Environmental Management or Orange County Department of Environmental Health? ❑ Yes ❑ No D. Is a septic tank system proposed which has a design capacity of more than 3,000 gallons per day? ❑ Yes ❑ No - If yes, describe E. Does the activity involve sludge disposal? ❑ Yes ❑ No ■ If yes, where is the source of the sludge? ■ Describe where and how the sludge is being disposed ■ Hasa NPDES permit from the NC Division of Environmental Quality been issued? ❑ Yes ❑ No F. Water Usage ■ Estimated number of employees: x 25 gallons per day (gpd) = gpd ■ Estimated water use for climate control = gpd ■ Process Water % Consumed • Discharged to septic system • Discharged to surface (including storm sewers) - Describe: % Evaporated % Reclaimed/reused % Other = 100% ■ Water used for cooling, heating, etc., in association with production or manufacturing % Reused % Consumed % Discharged - Describe: = 100% gpd Total Water Usage ■ Describe source of water: Page 4 of 5 25 Attachment A To be completed only if inventory sites are identified in I.D. (attach additional sheets if necessary) 1.a. Impact on Resource from Proposed Development 1.b. Proposed Mitigation 2.a. Impact on Resource from Proposed Development 2.b. Proposed Mitigation Certification and Signatures Statement by Applicant - I certify that the information presented by me in this application is accurate to the best of my kn wledge, information, and belief. Applicant Date Page 5 of 5 26 ■;00 `� ■00/ Y � a To: Tyler Sliger Date: February 3, 2023 Memorandum 300 West Tryon St Post Office Box 8181 Project#: 39369.04 Hillsborough, NC 27278 From: Andrew Topp, PE, PTOE Re: Eden View Trip Generation and ADT Comparison— Senior Project Manager,VHB Eden View Acres; Hillsborough, NC This memorandum provides an assessment of trip generation (site generated traffic volumes) projected by a proposed 38-lot single-family home development, located north of Dairyland Road and east of Orange Grove Road in Hillsborough, NC. Project Background The Eden View Acres development is proposed in the northeast quadrant of the Dairyland Road and Orange Grove Road intersection. The Site Plan is included at the end of this memo. The Eden View Acres development is planned to contain 38 single-family home lots and is expected to have a full access driveway onto Dairyland Road. The estimated opening for the proposed development is in 2024. Trip Generation The trip generation for the proposed site was prepared using the Institute of Traffic Engineers Trip Generation Manual (ITE), 111 Edition. The land use code (LUC) for Single-Family Detached Housing (LUC 210) was utilized to determine the future site trips generated by the development. The trip generation for the site is shown in Table 1. Table 1:Traffic Generation— Eden View Acres Development in Hillsborough, NC Land Use AM Peak Hour PM Peak Hour Code1 Land Use Unit ADT Enter Exit Total Enter Exit Total Total Site Trips' 210 Single-Family Detached Housing 38 du 414 8 23 31 25 15 1 40 Notes: 1. Land Use Code and trip generation rates are determined based on ITETrip Generation,17th Edition 2. Total site trips are determined based on the suggested method in the NCDOT Rate vs Equation Spreadsheet Trip Distribution This type of retail development is expected to serve the surrounding community. For the purposes of the turn lane analysis, the traffic was distributed under the following assumptions: 25%from the north on Orange Grove Road • 10%from the south on Orange Grove Road 65%from the east on Dairyland Road Average Daily Traffic (ADT) Analysis The ADT analysis was conducted using NCDOT's Average Annual Daily Traffic (AADT) Mapping Application. Dairyland Road is a two-lane roadway with a posted of 50 miles per hour (mph). Orange Grove Road is a two-lane roadway with 27 Tyler Sliger Ref: 39369.04 Vhb. February 3, 2023 Memorandum Page 2 a posted speed limit of 55 mph. Based on the available information, the AADT in vehicles per day(vpd) for each year is shown in Table 2. Because AADT for 2022 is not available, AADT values from 2019 were used. For consistent comparison, the AADT from the south was projected for the 2019 year by applying a 2% annual growth rate to the 2018 traffic volume. North Carolina Level of Service (NCLOS) Tables were used to determine the approximate road capacity based on AADT values. The standard capacity in the piedmont region for rural 2-lane highways with 10-foot lanes is 11,800 vpd. The Existing (2019) AADT volumes were grown to the build-out year (2024) using an annual growth rate of two percent (2%) to calculate the expected background growth within the study area. The Build (2024) conditions account for both the No-Build (2024) traffic and the site traffic generated by the proposed development after the completion. As shown on Table 2, with the addition of all site trips, the traffic flow at the site intersection and on Dairyland Road is expected to continue to operate optimally with all V/C ratios far less than 1. Table 2: ADT— Eden View Acres Development in Hillsborough, NC Existing No-Build Site Trips Build (2024) Existing No-Build Build Direction (2019)AADT (2024)AADT (vpd) AADT Capacity (2019) V/C (2024)V/C (2024)V/C North:Orange Grove Road 1,100 1,210 104 1,314 11,800 0.09 0.10 0.11 north of Dairyland Road South:Orange Grove Road 1,400 1,550 41 1,591 11,800 0.12 0.13 0.13 south of Dairyland Road East: Dairyland Road east 850 940 269 1,209 11,800 0.07 0.08 0.10 of site driveway West:Dairyland Road west 850 940 145 1,085 11,800 0.07 0.08 0.09 of site driveway Level of Service (LOS) Analysis A LOS analysis for the intersection at the site driveway and Dairyland Road was performed for the traffic volumes using Synchro/Sim Traffic Professional Version 70. Table 3 summarizes the findings of the LOS analysis. The peak hour mainline volumes in Synchro were estimated using the calculated AADT and determining the peak hour volumes by applying a Directional Split (D) value of 60% and a K factor of 10%. Table 3: LOS— Eden View Acres Development in Hillsborough, NC Intersection and Approach Traffic Build (2024) Control AM PM Dairyland Rd&Glen Eden Stop ' Control Southbound A-9.1 A-9.1 28 Tyler Sliger 49 �� Ref: 39369.04 Vhb. February 3, 2023 Memorandum Page 3 Conclusions As shown in Table 2, with the addition of site trips, the calculated Volume-to-Capacity (V/Q ratio remains low on all of the surrounding public street network indicating that the development has a very minor impact and that there is plenty of roadway capacity to accommodate the projected trips. As reported in Table 3, with the addition of site trips, the stop-controlled site driveway at Dairyland Road is expected to operate at LOS A during the AM and PM hours with a single ingress and egress lane on the site's driveway and single lane approaches along Dairyland Road. As indicated in the Trip Generation and ADT analysis, the proposed development is projected to have a minimal impact on the traffic operations along the roadways within the study area. Therefore, no offside roadway improvements are recommended, and no turn lanes are warranted as a result of the site traffic that this development will generate. S�S SEAL PacuSigned dy: 03H4342..A5041A... 29 Tyler Sliger Ref: 39369.04 Vhb. February 3, 2023 Memorandum Page 4 Appendices r: r , + .5 f jil� r r r b H Dalfn�land RdMOW a a Study Intersection Proposed Development ScaleFigure Memo-1 : Eden View Acres Trip Generation s 0 600 1.200 Hillsborough, NC -� Feet Vicinity Map Orange County vhb. 31 PIN:98 41 5 212 91 ° PHABE3 PNXsEa. LOT 36 ° ---- — Rahn 48,386.57 SF LOT 24 w L(9T�35��•• 3.ao1 Ac i 34,437.835€;, �- _ 1.111 AC L09225 nose561s a +� —� \ 91,133.195E 791 AC LOT 32 � SLOT 2 SECONDARY LOT 34 ° _ 94.ds"`ff 66,0611.2 S-F \ ° 11 i ___ _ 3,299.75 SF �__ OPEN SPACE 4 C]T P.A. 22.,fis Ac OT 23 S ___----_-_- 0.994 AC i I 965.467,03 sF 1.517 AC 6643951` 0 ZD_ ____ _1,0P _ '-� ---- NEW \bPEN DSPACE 5 LOT 31 \\ ° '\,s ff 111 w.mi MBm s1.m.1 86.0 7 11111 .__ _ �l/1,4o52we8.fii`sT Q ,0092].t5`ff i �: a Durham,N.C.21101 LINE mP_i ° 6 f 919.698.5646 3.I6fi A LOOT 22 - www.olroB.uum 24 AC w SIX 11 11 = i LOT 3� u1,11D66 ST w.9Eti, T LOT 21 _ LOT 33 11 1v 42,308.71 SF ��7"v LOo s 30 OT 2 13v:ezise sP 1111 0.971 AC_ ' /1v /' -651.71 ff ° � ° dr ad"e NELL �wAy rao;va4i`v 1 al T--� tTm.11 � tea, eA 11 / LOT 29 LOT 38 6 LOT 2 HOU6E r66 aEAaB ------ ----- II 1 1 7�_ / I 13]asl.9fi 6F 1siiu�1°x mP_I LOT 13 05 T 11111 RPARIu1 BUFFER 222256.265E wIOTH rI 1a 111 IPHI..CO. \\ LOT 12 ° �,\� LOT 20 II � SIDE 'il� 1 1 1 / / fiAC \° 3626 AC 1 11 / / _ 1 R 135,61,.11 ff Ip1536 S SETBAG LOT 11 SPACE I i R Ij w6uo ��'ll sEreACK 11+1 UIURN sysTEM ws3io.46`u \- -� LOT 14 c 2a`� =NT P-j-t: h HUpsory TRUE a Banrvc« \ ___ _ 4690994 OPEN SPACE 3 E 40,000 SF j— \ �� . 4' ' 3 e- 19i,516.2D 5F 1 1 SIZE ..Y11;1 \\ SWAY mP.1 BE,B1�1 LOT q0 LOT 15 ERS 1 U2.9oz2.4,`5F \_ -�-�-� r, ,15,69ACBE Eden view �1 TYPICAL LOT 11`I --� �'i Acres �I/s�.�. r=xoo• A�1 \? .._`.....j,. LOT 9° \ I LOT 16 \\\ }491254` ° \ 101:01405E 9.:County, �v LOT 6 I LOT 17 NPTrn c—ImO PROJECT DATA A�\ iINS- LOT A7 495�'Iss r ° 85,366.82 SF OWNERS ELIZABETH C.SNIPES \\\ / 121,9fi2.10 3 131.29631`4 1.960 AC H5 5ILL12 S DAOYGNO ROAD \ \\ E I 1 oNou v / I LOT 18 919-x7,1-691e N` z7e \,\\ EUSEMi T� t 76,645.34 SF IAURA ANNCAriloRivrAwKws \�\\ LOT 5 1 t 1.760 AC Re1 STONE OXBORO.NO 29574 \ \ Sz A6 ' 1 9,9-619-6326laes761.S' 1 LOT 19 APPLICANT DANIEL JEWELL,OLTPA \I V 61,783.35 SF 111 WEST MAIN STREET \ \\ ,/i ° \\` 1.418 AC DURHAM,NC 2710, \ _ 919-S82-0}68 \1\1 /'/ % \\, \1 ' WETLANDS EXISTING USE VACANT FARMIANp 1 1 // / / V '/\ NP euFFEa sEcoyNp�pR�V PROPOSED USE RESIDENTIAL SUBDIVISION / OPENBPAC hY, 1' (PRIMARY'PEN PIN 9841521281&9840195091 WATERY Xl. SPACE EXAG ,90.61 ACRES / ' _ ].025 AC EXISTING ZONING Al I/ /i/ FOPoccREEK I]1,]5�6.9I�SF, // 1\ DPOTENTIAL EEO REF. 6064/126&320/60 LOT a, RENNIAL PROPOSE%#OFNLOTS 7,s FEET 117,408.65 SF i sTaFAMs SIDE SETRACKLDG15 FEET _ 2.695 AC FROM SFTEBIRACC 30 FEET / MINIMUM LOT SIZE 40,000 SF �= / i I�YI TOTAL PAVED AREA TBD MINIMUM LOT WIDTH 150 FEET _ __ \\\ / '_____ \\\\ PARWNa WITH TOTAL IMPERVIOUS SURFACE TBD RrtN I I \ LINEAR FEET OF ROAD 8,049 / \� /R I - CEI 1/ Iwa R INAR- OPEN SPACE 76.,5 ACRES(4009 OF SITE) l = [ '.N SYSTEM SETBACKS. t -____F \I RIPARIAN BUFFER FIs \\a \\ 3ob Ervumber:sz WELLS --- \\ O STREAMS o PONDS Ra °LOT 3 \p =-= 1/ as sancEIPEN e aaoPEalv"aANLINESMENrs ,s /�__ I\_, \\� 3.67,1 Ac ,o• �I T LOT 2 ,]160900 sF AC PROJECT NOTES BOUNDARYFORMATION TAKEN FROM A PRELIM.PIAT PREPARED BY MICHAEL --J GO FFIU PEGISTERED LAND SURVEYOR,DATED APRIL 19,2022. Al TOPOGRAPHIC INFORMATION ON-51TE TAKEN FROM NO U11R. 'LLON TAKEN FROM A PLAN PREPARED BY PIEDMONT ENVIRONMENTAL 1 ma 5. u A850CIATESM PA 216 SWING RD.SUITE 1 GREENSBORO,NO 21409 DATED LOT 1 \+ FJnsTNOR ]6jy AC _ _ sheeTlTi TTe 11/30/21 � THIS SITE Is NOT AFFECTED WA MAPPED aooDl=ww. �'I r_I =o� �\se,o s1 ff i T MAJOR ALL SURROUNDING PROPERTY IS ZONED AS"AR" \ I\ C SUBDIVISION MAJOR SUBDIVISION SIN—Number tel/�� 1=2Go• �-16^%��78^ SD-2.0 32 Eden View Trip Generation Build (2024) AM 1: Dairyland Rd & Glen Eden HCM 6th TWSC Intersection Int Delay,s/veh 1.7 Movement EBL EBT WBT WBR SBL SBR Lane Configurations 4 Y Traffic Vol,veh/h 3 56 51 5 15 8 Future Vol,veh/h 3 56 51 5 15 8 Conflicting Peds,#/hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized None - None - None Storage Length - - 0 Veh in Median Storage,# 0 0 0 - Grade, % 0 0 0 Peak Hour Factor 90 90 90 90 90 90 Heavy Vehicles,% 2 2 2 2 2 2 Mvmt Flow 3 62 57 6 17 9 Major/Minor Major1 Major2 Minor2 Conflicting Flow All 63 0 0 128 60 Stage 1 - - - - 60 - Stage 2 - - 68 - Critical Hdwy 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - - 5.42 - Critical Hdwy Stg 2 - - 5.42 - Follow-up Hdwy 2.218 - 3.518 3.318 Pot Cap-1 Maneuver 1540 - 866 1005 Stage 1 - - 963 - Stage 2 - - 955 - Platoon blocked,% Mov Cap-1 Maneuver 1540 - 864 1005 Mov Cap-2 Maneuver - - 864 - Stage 1 - - 961 Stage 2 - 955 Approach EB WB SB HCM Control Delay,s 0.4 0 9.1 HCM LOS A Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1 Capacity(veh/h) 1540 - - 908 HCM Lane V/C Ratio 0.002 - - 0.028 HCM Control Delay(s) 7.3 0 - 9.1 HCM Lane LOS A A - A HCM 95th%tile Q(veh) 0 - - 0.1 Build(2024)AM.syn VHB 33 Eden View Trip Generation Build (2024) PM 1: Dairyland Rd & Glen Eden HCM 6th TWSC Intersection Int Delay,s/veh 1.4 Movement EBL EBT WBT WBR SBL SBR Lane Configurations 4 Y Traffic Vol,veh/h 9 56 51 16 10 5 Future Vol,veh/h 9 56 51 16 10 5 Conflicting Peds,#/hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized None - None - None Storage Length - - 0 Veh in Median Storage,# 0 0 0 - Grade, % 0 0 0 Peak Hour Factor 90 90 90 90 90 90 Heavy Vehicles,% 2 2 2 2 2 2 Mvmt Flow 10 62 57 18 11 6 Major/Minor Majorl Major2 Minor2 Conflicting Flow All 75 0 0 148 66 Stage 1 - - - - 66 - Stage 2 - - 82 - Critical Hdwy 4.12 - 6.42 6.22 Critical Hdwy Stg 1 - 5.42 - Critical Hdwy Stg 2 - - 5.42 - Follow-up Hdwy 2.218 - 3.518 3.318 Pot Cap-1 Maneuver 1524 - 844 998 Stage 1 - 957 - Stage 2 - - 941 - Platoon blocked,% Mov Cap-1 Maneuver 1524 - 838 998 Mov Cap-2 Maneuver - - 838 - Stage 1 - - 950 Stage 2 - 941 Approach EB WB SB HCM Control Delay,s 1 0 9.1 HCM LOS A Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1 Capacity(veh/h) 1524 - - 885 HCM Lane V/C Ratio 0.007 - - 0.019 HCM Control Delay(s) 7.4 0 - 9.1 HCM Lane LOS A A - A HCM 95th%tile Q(veh) 0 - - 0.1 Build(2024)PM.syn VHB Detailed Soil Evaluation - Snipes Property, Orange Co., NC 34 PIEDMONT Job#: 2320 ENVIRONMENTAL 216 S. Swing Rd. Suite 1 Date: 11/30/21 A S S O C I A T E S , P • A - Greensboro, NC 27409 Client: Keith Brown pied montsoi1.corn County: Orange I � 4- rim ii I NOWT qft / .■._ no MEN 0 c i I r .rw■■■■■■■ % % .1 11903 74rs ! �r VI 1.111-1 ft Ir t 103B ft _ / !%ii iii// •///�//aiii■ 127"9isq ft 169366 spNWA■00 ■■■ \. .■�r c6 ��\ \ .�\■■■■�■■ SSSS■■l ��.�, \ -- -- SSSS■■■ 2500��-q ft �iiii 104819►sq�r► - _ �■■■■ii .iiiK ,1 •■■■n �a■■■■■■hhm Lr425531sq`ft No m■■■►. raI 1.08391 slft ��ii ■■■■� fta■ iiiiii� -i�iii0796 L. ■■■■ ■ 6�sq ft iii►- 12906 sq ft 1■■■■■■. i■■■■■.. i,. \,\�1a■■■■■■■■■■�S• ■■ 464731sgnft 36449t r■■aim■■■■..MENNE ■■■■n ■■■■■r SSSS► �16472rs ft "` ..., �i�•- a■■■■ �■■6492isq ft �i► i■■r � ■■■► �■■■• ' y Y SSSS► 1. � ■■► 63932isq ft � � ��■■�► 23630►sq ft ,� / �iii�■.r ■ii� x �• .■. w.. �4^459�1isgift ali■■■■.. a� ��■a1��■■■ 1 i i , 9763 sq ft i■■■ Legend 378532squft�■■■► �1 i 1 i■■■v Subject Parcel,Dairyland and Orange Grovei'; 77�20�sq ft 70206sq ftp Low Profile Chamber/Conventional Soils Sub Surface Drip Soils �• 91299;s tft Existing Well(50'Buffer Shown) �;iaiGir mom MEMO �1 18905•sq ft����� � '• ` 214055,sq'ft;' ;— 1i6iiiiii-ifi� MEEK ME ■■■ ■ Solt R MEN WHO go .■■ii■■ ■■■■■■■■■■■■■■■ I .■�i■■■■■■■ ■■■■■■■■■■■■■■ r 7 . . ..�i■■■■■■■��*� *■■Ora■■■■■■■■ ■� '�. � �r i■74s■i■qu�* iiii■ iiiiiii� � ftiiii■ ii ■■■ ■■ ■ ■ ■■ 11HUM ■■O a■■■ 4 \■■■■■■■■■■■■■■■■ I■■■ OF ■■■■■■■■■P ■■■I■■■■ � SOMMESS■■ O ■■ SSS■No —0-11111111 MR MM r' ■' ',� es.'-� " 1■ ■■■I .iO■■■■■O ■S■■►. PV& 17A+ a nO■■■O SSSS ■■■► , .� o■■■ ■■■■■■■■ SSSS 1■■■■O■f \SSSS■■ ■ ■ME■■■� \SSSS■■ 1■■ SSSS■O 1■■■■■■. �M■■.- � - 1 35 Mr. Keith Brown ktb l 590kgmail.com Mr. Ian Brown ianbrownncggmai 1.com February 27, 2023 Subject: Groundwater Supply Evaluation Eden View Dear Keith and Ian: Please find attached our evaluation report on the water supply for Eden View. Let us know if you need anything else on this. Sincerely yours, 1)N F6 I xF � T a yt ■ ` tom. Eric G. Lappala, P.E., P.H. Attachment: Evaluation Report Eagle Resources, P.A. 215 West Moore Street Southport,NC 28461 919-345-1013 www.eagleresources.com 36 Assessment of Potential Groundwater Supplies, Eden View Development This report documents our review of available information to provide an assessment of the groundwater resources for the Eden View Development in Orange County, North Carolina. The property evaluated (Property) is shown on Figure1 and comprises approximately 191 acres and is identified as PIN 9841527281 in the Orange County Tax Records'. We have used the following to prepare this assessment: • Site plan provided as a pdf from which we located proposed well sites shown on Figure 1 on individual lots2; • Records of the three (3) wells located south and one (1) well located north of the Property as shown on Figure 1 for which well completion data were provided by the property owner from the well owners; • Geologic bedrock map of Orange County'; • USGS and Orange County groundwater availability report for Orange County4; and • Topography on a 5 foot grid based LIDAR surveying5. 1 https://gis.orangecountync.gov/orangeNCGIS/default.htm 2 C205 All Subdivisions with Wells.pdf 3 Philip J. Bradley and E. F. Stoddard,2008. Geologic Map of The White Cross 7.5-Minute Quadrangle,Orange and Chatham Counties,North Carolina:North Carolina Geological Survey Open File Report 2008-01. 4 William L. Cunningham and C. C.Daniel III,2000.Investigation of Ground-Water Availability and Quality in Orange County,North Carolina: U.S. Geological Survey Water Resources Investigations Report 2000-4286. 5 https:Hsdd.nc.gov/DataDownload.aspx# 2 -3T s l- ter_,_..._.._, O O k O O O O -, � ' 0 O O O' O �7 O 0 O r ' O O �} 0 0 0 .n EXPLANATION Property Boundaries(Orange Co GIS) ,y O • Project Proposed Well Sites p Wells for which owner providsed intentory information and yield/ft of depth X'\ 0 OO 0.091 , O 0-01,� 0 t4 J �f a O l� f - � ell/ � - O 600 0 600 1,200 1,800 2,400 Ft Design data and recommendations Included herein are provided as a matter Project No. of information and should not be used for final design.Rely only on hard FIGURE Eden 31015.1 copy bearing consultants original seal and signature View Approved:EGL Project propertym potentialon-lot well sitesm and wells Eagle Resources,R.A. 215 West Moore Street for which owner provided inventory information. 1 Southport,NC 28461 919-345-1013 Wells 02/16/23 elappala@eagleresources.com 38 � e&MMes Geology The bedrock underlying the Property is underlain by metamorphosed volcanic dacitic lavas and tuffs. These rocks are overlain by a thick layer of regolith that resulted from the in-place weathering of the parent rocks. The upper part of the regolith comprises saprolite and soil and typically does not provide significant groundwater to wells. The bottom of the regolith is referred to as Partially Weathered Rock (PWR) and generally has a greater permeability than the overlying materials. The bedrock provides water to wells from interconnected fractures and joints that are intercepted by the well bore. The hydrogeologic units of the bedrock identified by the USGS report are shown in Figure 2. The site is contained in the metavolcanic felsic (MVF) unit. s Wells The USGS study for well yields was based upon a county-wide inventory of 649 wells that are completed in in nine hydrogeologic PHL units in Orange County, North Carolina. Estimates of ground-water availability were based upon the well completion records for WO r17 these wells that provide information on the drilled depth, reported yields, and depths to water levels. ti r The USGS study concluded the following: AN s rs� rHL 4 WN " The typical well in Orange County has an UffP«��°Y .� average depth of 208 feet, an average casing length of 53.6 feet, a static water level of 26.6 feet, a yield of 17.6 gallons per minute, and a MV well casing diameter of 6.25 inches. The saturated thickness of the regolith averages 27.0 feet and the yield per foot of total well 5 depth averages 0.119 gallon per minute per foot. Two areas of the County are more favorable for high-yield wells—a west- a 5 1UIMMELE95 southwest to east-northeast trending area in EXPLAI4ATION "DFOGEQOMUMM the northwestern part of the County, and a 0OMIAMMM ® IM MM7AV%rANEC.FUSIC southwest to northeast trending area in the �.4W KTAJ6NEOU&.FE4MC I)AV0MUAVQLCAVAT� IC.IHTEAMEOI MJWI)METAIGNEDUS.lNtEMW[M,;% ❑ IpHLIPWLM southwestern part of the County. Well yields IMmIMETJ7,IGNEm.MUFK [J rTRPITRAA.SSICSE°IMEIffAAYRDCKS in Orange County show little correlation with �PMfAIETArOECAIlICE1CtD1911C BA511NflUJ"°AI;Y topographic or hydrogeologic setting." Figure 2. Hydrogeologic Bedrock Units. 2 39 Via*Pemmr 5 Table 1 shows the county-wide statistics for domestic wells. Domestic Well Statistics Orange County (USGS) Average Average Average Average Casing Average Number of Yield Yield per ft Depth Depth Water Level Wells in gpm gpm/ft ft ft ft average 16.4 0.12 206 53.50 26.4 590 Table 1.--Statistics of well yields from USGS report. The USGS report also computed well yield statistics for wells located in 10 different hydrogeologic units of the bedrock in which the wells were completed. The yield statistics for the hydrogeologic unit in which the Project is located unit are shown in Table 2. MV Well Yields, gallons per minute Average Minimum Maximum Median 17.8 0.1 240 10 Table 2.--Yield Statistics for the MV Hydrogeologic Unit. We have used the map in the USGS report showing the well yield per foot of drilled depth. to assess the potential yields of wells on the Property. Figure 3 shows the map of yields per foot of well depth for the area containing the Project. 3 40 w cc0.11 GP / LL rte. � � - � � z • • mit • r, i I Tri.•, • , I 4000, J',-. = 3v�i � f o� tt . 0.21 GPM/FT • it r :,.' - EXPLANATION 5 m 0 Minimum yield inGPM!Ft JV 1 o I. 10.06 1. — • - 'I _ 0 0.11 -- - Sr. ' `p --`, . fn"' •@ Z L.U.' m 0 0.21 0.31 GPM/FT fy F oo a a 0.31 "� '� - • a`M ¢ o 0 0.41 • Project Proposed Well Sites -_ `r _ �`•. • Z Wells for which owner inventoried and yield/ft of depth • o w Q 0.25 /r _ Shaded relif from LIDAR topographic survey r 0.41 GPM/FT J O Property Boundary - - - {Q Potental Community Well _ � f 'It .' 400 0 400 800 1,200 1,600 2,000 Ft oN W N(nrn m 41 The yields per foot of depth for the wells for which information was provided by the owner as shown on Figure 1 are generally consistent with those shown in Figure 3. Conclusions Regarding Likely Well Yields Table 3 shows the required yields for individual wells and for one community well for different durations of pumping each day. Based on the foregoing analysis and the data in Table 3, wells installed on individual lots should provide yields that are adequate to supply two to three bedroom homes if the wells are drilled to depths of at least 150 feet. Individual Lot Wells Yield Requirenent GPM/FT of Well Required yield in gpm for pumping Depthfor well depths edrooms each day of: /lot Gallons/day 24 hours 12 hours 6 hours 100 200 3 360 0.25 0.50 1.00 0.0100 0.0001 4 480 0.33 0.67 1.33 0.0133 0.0001 5 600 0.42 0.83 1.67 0.0167 0.0001 Single Community Well Yield Requirement Required yield in gpm for pumping No each day GPM/FT of Well edrooms/lot Gallons/day 24 hours 12 hours 6 hours Depth 3 13680 10 19 38 0.3800 0.0019 4 18240 13 25 51 0.5067 0.0025 5 22800 16 32 63 0.6333 0.0032 Table 3.-- Water Supply and Yield Requirements for the Project. Evaluation of Likely Well Performance Likely well performance was assessed by evaluating the potential for interference between adjacent on-lot wells and the likely drawdown while pumping for these wells and for a single community well. Based upon the conclusions in the USGS report that yields are generally greater for well sites that are on uplands and ridges than in flat lowlands, we located a potential community well at the location shown on Figure 3. The assessment of the performance of wells was implemented using a 3-dimensional groundwater flow model using the industry standard USGS MODFLOW model. The model covered the area shown in Figure 3 and comprised the following three layers and depths: Soil and Saprolite from 0 to 40 feet, Partially Weathered R (PWR) from 40 to 50 ft, and Fractured Bedrock from 50 to 200 ft. The hydraulic conductivity values for the Soil and Saprolite and PWR layers was set at 0.6 ft/day and 0.8 ft/day, respectively based upon 2 42 t e&-a.ra.5 calibrated models we have completed in Chatham County as well as USGS and NCGS reports for similar rock units in the Piedmont. The hydraulic conductivity of the bedrock was computed using the well yield/ft of well depth and a thickness of 150 feet. Recharge to the model was set at 4.5 inches/year based on the analysis of stream baseflows included the USGS report. We note that this value is essentially identical to the 5 inches/year determined by watershed modeling with 40 years of daily climatic data for sites we have studied in Chatham County that contain similar vegetation and land use as the Property. The performance analysis was conducted for two alternatives to supplying water for the development: individual wells on each lot or one community well. Figure 5 shows the drawdown from pumping a community well at a constant rate of 25 gpm and Figure 4 shows the steady state drawdown computed with the model for pumping from individual lot wells at a rate of 1 gpm. Based on this analysis the drawdown in individual wells will be 20 to 40 feet and drawdown in a single community well will be approximately 100 feet. Using additional community wells would reduce the pumping requirement per well and the resulting drawdown. � S - • t v Maximum drawdown 100 feet Yf e - 4Vj jr, _ .. Figure 4.--Steady state drawdown in a community well pumping at 25 gpm. 3 43 we&MMes Aw 3 w 3� T- 00 T Figure 5.--.--Steady state drawdown from pumping all proposed on-lot wells at 1.7 gpm each to supply 5-bedroom homes. Based upon this analysis, either alternative should provide an adequate water supply for 38 5 bedroom homes. Water Quality Based upon the USGS report the water quality from wells installed on the property should meet all state and federal drinking water standards. However, we recommend that each individual and/or community well be tested for all regulated constituents before being put in to use in accordance with the requirements of the Orange County Department of Environmental Health. 4 44 EDEN VIEW ACRES ARCHITECTURAL DESIGN AND LANDSCAPE GUIDELINES ARCHITECTURAL REVIEW BOARD PROCEDURES Table of Contents Page Professional Architectural Supervision Architectural Guidelines Introduction Architectural Review Board Procedures—Builder Section Architectural Review Board Procedures for Alterations and Additions- Homeowner(Post-closing) Section Architectural Guidelines Architecture and Exterior Materials Building Setbacks Square Footage Requirements t 45 Porches and Decks Patios Garages and Carports Storage and Accessory Buildings Exterior Material Colors Walls and Fences Driveways and Walkways Exterior Lighting Dog Houses Play Equipment and Recreation Courts Retaining and Screen Walls Tree Removal Awnings Satellite Dishes Solar Equipment Rain Barrels Landscaping and Site Development Minimum Landscape Requirements Construction Maintenance and Miscellaneous Submittal Forms ARB Submittal Checklist Color Selection Form ARB Alterations and Additions Submittal Checklist Landscape Submittal Checklist Certificate of Compliance Form 2 46 ARCHITECTURAL REVIEW BOARD PROCEDURES Architectural Guidelines Introduction The Architectural Guidelines (Guidelines) embody what Eden View Acres is and should continue to be in the future. These Guidelines will be the primary vehicle for establishing and maintaining the architectural character for any and all residential development that is unique to Eden View Acres. The Guidelines may be periodically updated as required. The Architectural Review Board(ARB) and the Developer/Owner has full authority over the Guidelines and Review Procedures and has the right to alter, change, overrule, interpret, etc.these Guidelines and ARB decisions at its discretion and at any time. Reference the Covenants for additional requirements and regulations. Approval or inspection by the ARB does not constitute assumption of or liability for applicant's/ owner's responsibilities. All homes shall be designed by a licensed Architect and all landscapes shall be designed by a licensed Landscape Architect—Designs will follow an overall theme of a farm community as set out in the image and style portfolio presented by Eden View Acres. All improvements shall follow a limited use of only 6% impermeable surfaces or that which has been designated by Eden View per specific lot. Architectural Review Board Procedures — Builder Section 1. The Eden View Acres ARB shall enforce the Guidelines. Proposed houses must be submitted to the ARB for final review and approval prior to beginning any construction and clearing of the lot. The homeowner/builder(Lot owner), superintendent, designer, architect, or sales agent should present each proposal in person. 2. No project permitting or construction may be started without formal ARB review and approval. 3. Approval by the ARB does not constitute a representation of warranty as to the quality, fitness, or suitability of the design or materials specified in the plans or approval of any local, state or national code or ordinance. It is the applicant's sole responsibility to provide safe construction practices and meet all relevant local, state and national codes and ordinances as related to each specific construction project including but not limited to verification of setbacks,utilities, existing site features, etc. The ARB shall not be held liable for any injury, damages, or loss arising out of the manner or quality or safety of construction or any modification to a home site. 4. The ARB and Developer/Owner shall also monitor the construction process in order to ensure conformance with the approved ARB plan submittals. Any non-conformance may involve special assessments as described in the Covenants. Failure to comply with ARB 3 47 requirements and approved plans and elevations, etc. may result in the required removal of any non-conforming construction, detailing, colors, etc. at the builder's/homeowner's expense The ARB and Developer/Owner reserves the right of entry to any property within the development for inspection purposes. 5. All ARB submittals,proposals, questions, etc. shall be submitted to the ARB/ARB Representative via email and/or in person to Keith T. Brown,KTB 1590@gmail.com and to schedule ARB reviews and appointments. ARB Reviews and Meeting appointments will be scheduled on an as needed basis and a first-come first-served basis and may be scheduled up until the ARB Meeting if time is available. Currently there is not a specific ARB Meeting schedule and as noted will be scheduled on an as needed basis. In the future a specific day and time for ARB Meetings may be scheduled as related to additional and consistent activity. 6. Submittals shall include the ARB Submittal Checklist(see Appendix), Site Plan,Landscape Submittal Checklist/Landscape Plan, Floor Plans, Elevations (front, sides and rear), color proposals/Color Selection Form and any alternate/special details (i.e. handrails, columns, etc.). The landscape Submittal Checklist/Landscape Plan shall be submitted to Keith T. Brown as noted on the Landscape Submittal Checklist form. The landscape plan required for each specific lot may be delayed and submitted to the ARB for review and approval at least 30 days prior to landscape installation. All submittals are preferred in PDF form via email,but may also be submitted via one-side only format on 8 1/2" x 11"paper. Concept drawings or preliminary plans may be submitted to the ARB for review, comment and preliminary approval before more detailed plans and the final submittal are completed and submitted. Submittals not meeting these requirements will be returned for completion prior to ARB review. 7. The ARB generally reviews submittals for aesthetic purposes only and shall have no responsibility or liability for reviews in any other areas including but not limited to local ordinance requirements, code/covenant requirements as noted earlier, sales/market relationships,price points related to market,builder contract responsibilities/minimum SF requirements, etc. 8. The ARB will review each proposal (as marked up on the original ARB Submittal package) and determine if the proposal is either"Approved", "Approved as noted", "Not approved"or "Re-submit". "Approved"and"Approved as noted" submittals may continue into permitting and construction with the understanding that all ARB comments and directives are to be completed. "Not approved"and"Re-submit"directives shall be re-submitted to the ARB for ARB review and approval prior to proceeding with permitting and construction. 9. After initial review and approval of submittal, final on-site flagging of the approved location of house, drives,walks, etc. is required for an on site ARB review and approval prior to beginning construction and site clearing. 10. Near the completion of construction, a final inspection shall be requested by the Builder/ Homeowner and completed by the ARB prior to final approval of the house. See Certificate of Compliance form in rear of Guidelines for additional reference. 4 48 11. ARB reviews will be completed within ten business days after the receipt and ARB Meetings/ reviews/approvals (pending current ARB and Developer/Owner activity schedules, holidays, etc.). Reviews/approvals shall be inserted in the ARB permanent files and distributed to the builders/homeowners, attendees, etc. via email and/or fax for builder coordination. If responses are required sooner than ten business days,please coordinate a personal ARB Meeting with the ARB Representative (as previously noted)and attend the ARB Meeting in person for immediate response and/or make such a request in writing. 12. Copies of the meeting summaries will be forwarded to the builder and/or homeowner and others only as requested. Architectural Review Board Procedures for Alterations and Additions — Homeowner ( Post—closing ) Section 1. After plans are approved for construction,the procedures of this section must be followed and completed for any alterations and additions. 2. The ARB Alterations and Additions Submittal Checklist(see Appendix)must be submitted to the ARB for review and approval of all exterior changes or additions to your residence or property prior to proceeding with permitting or construction. The list of changes, alterations or additions includes,but is not limited to the following and as noted in the Guidelines: Any addition to an existing dwelling(room additions, garages, etc.), exterior color revisions, fencing, landscaping projects(other than typical maintenance of original existing landscaping /beds and removal of dead trees/growth, etc.),hardscape projects(fish ponds, fountains,yard art, arbors,trellises, etc.), decks,porches, screened porches,patios, awnings,play equipment (other than typical mobile play equipment and toys not to remain outside of dwellings after specific use), dog houses,retaining walls, storage sheds,playhouses, satellite TV dishes, etc. 3. The Guidelines are in total effect concerning any alteration or addition. A copy of the Guidelines is available for reference through the ARB, Developer/Owner. 4. The Application submittal shall include the following as required to communicate the scope of the proposed new construction: • ARB Alterations and Additions Submittal Checklist, site plan(indicating the location of the proposed alteration or addition, existing building(s),property lines, setbacks, etc.) • Detailed construction drawings to scale (including a full view of the addition,with all exterior elevations, as it will look attached to the existing structure. A view of the entire structure is necessary to help determine balance.) • Drawings or photographs (as needed/showing the existing conditions before the proposed changes) • Samples of colors and materials (if different from existing building), landscape plan/ Landscape Submittal Checklist Form and plant schedule(if applicable or required) 5 49 • Perspective drawings of complex projects(as determined by the ARB), etc. • Concept drawings or preliminary plans may be submitted to the ARB for review, comment and approval to proceed before more detailed plans and the final ARB Submittal are completed. All submittals are preferred in PDF form via email,but may also be submitted viaone-side only format on 8 1/2" x 11"paper 5. The ARB will review each proposal and determine if the proposal is either"Approved", "Approved as noted", "Not approved"or"Re-submit". "Approved"and"Approved as noted" submittals may continue into permitting and construction with the understanding that all ARB comments and directives are to be completed. "Not approved"and"Re-submit"directives shall be re-submitted to the ARB for ARB review and approval prior to proceeding with permitting and construction. 6. ARB reviews will be completed within ten business days after the receipt and ARB Meetings/ reviews/approvals (pending current ARB and Developer/Owner activity schedules, holidays, etc.). Reviews/approvals shall be inserted in the ARB permanent files and distributed to the builders/homeowners, attendees, etc.via email and/or fax for builder coordination. If responses are required sooner than ten business days,please coordinate a personal ARB Meeting with the ARB Representative (as previously noted)and attend the ARB Meeting in person for immediate response and/or make such a request in writing. 7. No project permitting or construction may be started without formal ARB review and approval. It is the sole responsibility of the applicant to insure compliance with all relevant building practices,zoning requirements, code permits, licensing requirements, etc. as noted in previous section. 8. Failure to comply with ARB requirements and approved plans and elevations, etc.may result in the required removal of any non-conforming construction, detailing, colors, etc. 9. Major additions often have an impact on neighboring property. Plans must be well thought out to minimize any adverse impact on neighboring properties. Changes in grade or drainage shall not adversely affect adjacent properties. Applicants shall consult with neighbors while making plans(See application). 10. The design shall be compatible in scale,massing, character,materials, and color with the original house. New windows and doors shall match, and be located to relate well with existing windows. The roof pitch shall be architecturally compatible the original roof. 11. Additions shall be located to minimize the removal of trees and the destruction of natural areas. The ARB may require supplemental landscape treatment to compensate for the removal of vegetation, or to soften the addition visually. 6 50 ARCHITECTURAL GUIDELINES Architecture and Exterior Materials 1. Architectural diversity and stylistic integrity is very important to Eden View Acres. It is our goal to have a design influence of traditional to modern farmhouse styling. This detailing, along with other acceptable architectural styles helps achieve the diversity and classic older neighborhood features desired for the neighborhood. Each house style proposal will be reviewed on each specific merit and on a case by case basis. Detailed ARB reviews will be completed for each proposed house and lot. 2. In general, Eden View Acres is a custom neighborhood and as such the architecture and detailing shall reflect this level of quality. All elevations of a home shall reflect the same detailing and architecture as the street-facing elevation(s). For instance: Street-facing materials shall wrap corners as noted later in Guidelines. Likewise,If the street-facing elevations(s)have wide window and door trim and windows have muntins then so shall all other elevations. Corner lots and other highly visible lots as determined by the ARB (i.e. lots adjacent the main entrance,lots adjacent commons areas, etc.)may also require additional detailing due to such lots' high visibility and importance. 3. Same or similar elevations and color schemes (as determined by the ARB) on the same street will only be reviewed on a case by case basis. 4. Changes in exterior materials (siding and veneers) are allowed based on the following. Such veneers shall return to an inside corner and will be reviewed on case by case basis per the architecture and detailing of the house. There shall be no more than three material types and patterns used on the elevations of a home. 5. Shutters are allowed on architectural styles where appropriate and as approved by the ARB. Each shutter or set of shutters shall be proportioned such that, if operated,they would cover the window to which they relate. Appropriate shutter hardware including hinges, shutter dogs, etc. shall be used and mounted in correct positions relative to the window. 6. Windows may be all wood, or wood clad with vinyl, C-PVC or aluminum. When a historical architectural style is employed, the windows shall have simulated divided lites with muntin patterns consistent with the period the design seeks to emulate. When a more modern approach is desired, windows with no muntins, or patterns with less muntins will be considered by the ARB on a case-by-case basis. 7. Exposed concrete masonry units, along with Vinyl and aluminum in their various forms are not allowed as exterior siding. Pre-fabricated metal buildings are not allowed. Vinyl soffits and aluminum fascias may be considered by the ARB on a case by case basis. 8. Synthetic stone veneer, natural stone veneer, synthetic stucco and hard coat stucco are allowed where architecturally appropriate and on a case by case basis. 9. Masonry, stone veneer and/or true cement stucco on lath is required for all foundations, Exposed concrete masonry units and parged concrete block foundations are not allowed. 51 10. Cedar, redwood, cypress and other high grade wood siding and trim materials are most desirable. Cement fiber products, such as James Hardie and,Nichiha brand siding are also allowed.. Plywood/clapboard type siding will be considered on a case by case basis if appropriate to the architectural detailing of the house. All exterior siding shall be finished, painted, stained or otherwise protected from the elements of nature 11. Glass block is not allowed on architectural styles for which it was not historically utilized. 12. Framed/ sided"chimneys" are only allowed on a case by case basis and as compatible with the proposed architecture of the house. Masonry and/or masonry veneered chimneys are encouraged. Direct vented units are allowed, however, they must be integrated into the architecture in a manner approved by the ARB. Flues for wood burning fireplaces and stoves shall include spark arrestors. Spark arrestors and chimney caps shall be appropriately proportioned and integrated into the design of the chimney and house. Flue pipes shall be concealed on all chimney caps unless an approved design feature. 13. A 12/12 roof pitch is strongly encouraged. Minimum overhangs shall be V-0"unless on dormers and as approved by the ARB on a case by case basis. 14. Roof top mechanical equipment and other roof penetrations must be so located to reduce or eliminate its visibility from streets, sidewalks of adjacent public and private properties and should be located on rear roof area and not visible from street. Any roof mounted equipment that changes the exterior of the roof must be approved by the ARB. Roof penetrations and equipment shall be painted to match the roof color. 15. Cantilevered bays and bay windows will be considered for approval on case by case basis. Foundations to grade are required below all bays unless approved otherwise. 16. Entrance doors shall be compatible with the house design. Door material shall be solid wood, fiberglass or metal insulated exterior. Screen or storm doors are allowed and shall be compatible with the design and color of the house. Screen and storm doors shall be full glass style. 17. Patio or pool enclosures are permitted as reviewed for approval by the ARB on a case by case basis. All detailing shall be consistent with the main house (i.e. match siding, trim and roof detailing, match colors, etc.). 18. No window or through wall air conditioning units will be allowed on elevations visible from the street or adjacent public properties and are subject to ARB approval on a case by case basis. 19. See the following sections for additional specific architectural recommendations. s 52 Landscaping,Architect, and Builder Requirements 1. The following are requirements are for all lots. See Landscaping section for additional Landscape requirements. 2. A site specific layout of home with approach and placement shall be approved by the ARB. 3. Homes shall be designed specifically for the lot and for the client by an ARB approved registered architect. 4. There shall be a pre-approved list of architects and builders allowed on the project. 5. All lots will a have permeable surface requirements Building Setbacks 1. Building setbacks and/or building envelopes are established for each lot by the local zoning ordinance in place at the time a home is constructed or an addition made thereto and as noted on recorded plat. Houses are to be located within the required building envelopes and consideration for preserving existing natural areas. Clearing existing trees between the street and the house is not allowed. 2. Regardless of setback requirements of the local zoning ordinance in effect at the time a home or addition to a home is permitted for construction, accessory buildings shall meet the same setback requirements as each lot specific house setback requirements. Accessory buildings shall be located in rear yards and within required setbacks. 3. No buildings shall be built in any easements,buffer areas,RCD, etc.without the approval of the ARB and municipal authorities(i.e. drives,walks, fences,play equipment, etc.). If such construction is allowed within such easements, it shall also be the owner's responsibility for cost and replacement of any damaged construction as a result of maintenance,upkeep, inspections, additional construction, etc.by others in such easements. Note additional requirements for landscape heights, etc. in sight triangles identified on the recorded neighborhood plat. Square Footage Requirements 1. The minimum heated square footage for homes in Eden View Acres will be 1,500 SF and Auxiliary Dwelling Units (ADU's)with a maximum of 1,500SF. No house shall be more than three(3) stories in height above the basement foundation or crawl space floor system. No temporary structures are allowed except for the use of construction and during construction and/or as approved by the Developer/Owner and ARB and as noted in the covenants. 2. The minimum square footage does not include garages, covered walks or porches and unfinished spaces(attics and basements). Variances for minimum sizes may be granted by the 9 53 Developer/Owner if the site conditions present a hardship or as otherwise approved in writing. NOTE: All "fmishable" floor area is counted as "heated" SF. Unfinished basements, walk-up attics and other unfinished spaces are not included in"finishable"floor area. 4. Confirm impervious surface limitations for the lot with community and local jurisdiction requirements. Porches and Decks 1. Porches are recommended on all lots. Porches shall be functional and result in a minimum of 6'-0"clear floor space between the face of the house and the inside face of the porch column and/or handrail(whichever is most critical)Porch space that is used for circulation(i.e. stoops) only may be smaller and will be reviewed for approval on a case by case basis. 2. All stair risers,under-porch and under-deck spaces seen from the street shall be enclosed with siding, foundation walls or skirting that is at least 50% solid. 3. All exposed wood framing,trim,risers, stringers, etc. shall be painted or stained to match the home's approved color scheme. 4. Decks and porches over 4' above the adjacent grade shall be screened with Evergreen shrubs. 5. Thoughtful and stylistically appropriate porch column and handrail detailing is required. 6. Decking shall be#1 grade kiln dried after treatment("KDAT") Southern Yellow Pine, Ipe, or similar high grade natural material. Engineered synthetic composite products such as Trex, Fiberon, Azek, etc. are also allowed Patios 1. Where grades allow,patios are strongly recommended in lieu of decks when impervious surface limitations do not limit such patio proposals. 2. All patios will be reviewed with respect to their visual impact on adjacent property. 3. Brick pavers, brick edges, textured concrete, detailed/patterned concrete surfaces and materials are required for all patios and walks. Garages and Carports 1. As a minimum all homes must have an attached two car garage (three car garages recommended where possible and feasible). Specific lot owner vehicles should be parked within garages at all times in lieu of parking in drives,parking pad areas, street, etc. Elevations shall be designed to subordinate garages to the house. 2. A minimum of two of the garage bays shall be side loaded unless more than 3 bays are provided. In that case, for every 31 bay, one of the bays may face the street if it is set back from the front line of the home and proportioned as subordinate to the related street and 10 54 sideyard elevation of the home. Projecting courtyard/side loaded garages which are located in front of the main body of house will be reviewed for approval only a case by case basis. Any and all variance garage approvals shall also include additional enhancements to the garage and garage doors including trellis,roof elements,upgraded garage doors with glass upper panels, etc. to de-emphasize the garage door impact on street. 3. Detached and rear load garages are allowed. Detached garages shall match the architectural detailing and colors of the main house. Rear load garages are especially encouraged on all corner lots and may be required in some cases. Detached garages shall be compatible with the primary building and visually subordinate to the main house. 4. All garages facing the street whereby it can be seen from the street shall have single car width doors. Double width garage doors are allowed only on side load garages or as approved by the ARB on a case-by-case basis. When a double door is approved by the ARB, additional architectural detailing is required including but not limited to an architectural style door with glass panels,roof or trellis element over door,recessed door opening, column elements adjacent garage door, etc. and shall have a two door appearance(i.e. hardware, glass panels, etc.). Single width garage doors where used shall be 9'-0"wide minimum. 5. Glass panes in upper garage door panels are suggested on all garage doors and are required on all corner lot/highly visible lot location garage doors. 6. Garages shall be designed and constructed properly for sufficient space for storage of vehicles and comfortable circulation around vehicles into the house. Steps,mechanical equipment, storage shelving, etc. shall not prohibit vehicle storage and circulation. 7. Garage finished floor elevations shall be coordinated with the other fmished floor levels of the home to minimize the amount of siding and trim above the garage doors. Finished floor elevations on lots with moderate to severe topography shall be reviewed for approval on site by the ARB on a case by case basis prior to beginning construction. Additional architectural detailing may be required above garage doors in instances where additional exterior surface is visible above garage doors due to specific challenges of topography. Storage and Accessory Buildings 1. Detached or attached storage and other accessory buildings (i.e. garden sheds,play houses, etc.) are allowed and shall be located within the rear yards and the required building setbacks and reviewed for approval by the ARB only on a case by case basis. Detached storage and accessory buildings shall not exceed 150 SF unless otherwise approved by the ARB. All detached buildings shall be finished to match the main house materials, detailing and colors. 2. Detached structures are not allowed in front or side yards and locations which obstruct the view of public commons areas and other natural areas by adjacent properties. 55 Exterior Material Colors 1. The exterior colors should be earth tone in nature and no"bright"colors are allowed without the approval by the ARB. One color scheme must be selected and submitted to the ARB on the provided Color Selection Form(at rear of Guidelines) for review and approval prior to finishing and painting of the house. In case of conflict with existing homes, another color choice may be required for ARB review and approval. Review the permanent files and adjacent existing house colors for color coordination and prevention of color duplication prior to submittal. 2. Paint colors, other than Sherwin Williams colors, shall be submitted with color chip samples (minimum 1" square in size and larger samples may be required) for ARB review, approval and record. Provide a color brochure sheet for all brick, stone, other veneers,roof, special door and window colors, etc.proposals for ARB review, approval and record. 3. Colors should be submitted with the original house submittal to best assure your first choice selection. Note: Color selection approval based on a first-come first-serve basis. 4. Various exterior colors are encouraged on the same house and where appropriate with the architectural style of the house(i.e. siding, siding in gable ends,dormers, doors, shutters, window sashes, etc.). 5. Brick colors should be in the red,brown and grey range and shall be submitted for preliminary ARB review and approval prior to proceeding with formal lot submittals/proposals. Other brick colors will be reviewed for approval by the ARB only on a case-by-case basis. Painted brick is allowed. Stone veneers are allowed as previously noted. Provide a color brochure sheet for all brick/stone/other veneers proposals for ARB review, approval and record. 6. Garage doors shall be painted to minimize their impact on the streetscape. The garage door color shall be designated/requested on the Color Selection Form. 7. Wood fences shall be painted or stained as required to either match the house trim or other accent color or darker stain color as compatible with house colors and as reviewed for approval by the ARB. 8. Asphalt shingles (three dimensional style, 25 year or better), cedar shakes, slate, synthetic slate and standing seam metal roof materials are allowed. The color and texture shall be consistent with the house's design and detailing. Shingle colors shall be submitted to the ARB for review and approval prior to beginning construction. Provide a color brochure sheet for all roofing material proposals for ARB review, approval and record. Roof flashing shall be copper or may be anodized aluminum matching the home's color scheme. 9. All roof mounted equipment and penetrations (i.e. plumbing vents,HVAC vents,ridge vents, skylights, attic fans, etc.) shall be painted or finished to match the roof color. 12 56 10. Gutters and downspouts should be copper and/or aluminum and shall be painted to match the color of the adjacent trim, wall, column, accent color, etc. 11. Electric panels, meter bases, conduit, etc. should be located where least visible from streets, adjacent property owners/lots and commons spaces and should be painted to match the exterior adjacent color of the house. Walls and Fences 1. Fencing to establish privacy is not allowed. Fencing to restrict the movement of children or pets to or from their property is allowed, though Careful consideration shall be given to any fencing concept and execution. The use of landscaping and plant material or combinations of plants and short segments of fencing, or fencing hidden in plant material shall be required. Fencing is only allowed in rear yards (front and side yard fencing not allowed) and shall be a visual extension of a building, relating to the materials, colors, and architectural style of the home. All fencing proposals will be reviewed for approval by the ARB on a case-by-case basis. 2. Fence heights shall not exceed 6'-0" (less if required by local ordinance). 3. Fences shall not project in front of the rear edge of house (may be closer to front of house to enclose service doors, etc. on a case by case basis). Fences taller than 4' in rear side yards of corner lots shall not project any closer to street than the face of the house or a major element(i.e. porch, deck, etc.) or as approved by the ARB on a case-by-case basis. 4. Fencing finished on only one side must be constructed with the finished side facing out. 5. Pool enclosures,related to children's safety or other reasons, shall be subject to consideration by the ARB on an individual basis with heights/details as required by applicable codes. 6. Building a fence that infringes on all easements, buffers, or access of right-of-ways may result in destruction or removal of fence at the owner's expense. 7. Fences shall be constructed inside the property line and lawn and landscaping space maintained by that property owner to their respective property line. 8. Existing fences within 1 foot of a property line and parallel to a newly desired fence shall be used as that border unless the new fence is separated from the existing by at least 5 feet to facilitate maintaining the area between the fences. 9. Existing topography, drainage, and landscaping shall not be disturbed for the construction of a fence except with the approval of the ARB. All fencing and site improvements shall not impede storm water flow or affect such flow from and to adjacent properties. Wherever possible, fences should be located so that trees do not have to be removed. 10. Black aluminum or other metal type open picket fences are acceptable/strongly encouraged in lieu of other material and solid type fencing. Wood fencing is allowed if 13 57 constructed from a high grade of lumber, with decorative capitals. Masonry and any combination of wood, metal, horizontal rail, etc. fencing is also allowed. Chain-link and other roll wire type fencing is not allowed. Deer fencing,black in color and exceeding standard maximum fence height) may be considered on a case by case basis by the ARB. 11. All fence details and locations must be reviewed for approval by the ARB on a lot-by-lot and case-by-case basis prior to beginning any such fence installation. Driveways and Walkways 1. Driveways and vehicle parking pads shall be paved with a minimally permeable surface design unless otherwise approved by the ARB. Close attention must be paid to driveway, garage, carport, etc. placement, setbacks and encroachment onto buffer areas, association owned common property and neighboring lots. 2. Provide a standard stone headwall detail at all drive entries as required and noted on the landscape requirements. The standard headwall detail shall be provided by the developer. 3. Note there may be additional drive restrictions per each specific lot location in regard to specific house plan/garage placement,three car garage drives, etc. and landscape plan reviews and requirements. 4. Additional driveways will not be permitted for parking purposes except in front of the garage or as approved by the ARB on a case-by-case basis 5. Divided"Carolina"type driveways are strongly encouraged on longer runs of drives and to give visual relief to longer driveways and provide permeable surface treatment as a priority. "Carolina"drives should begin and end with fully paved areas to allow required turning radius to avoid driving on center sod strip. 6. Parking will not be permitted on areas where the subdivision's drainage flow may be interrupted. 7. Walkways (minimum of 36" in width) shall be provided from the front door to the street and/or or a guest parking area. Walks shall be constructed of cast-in-place concrete, stamped concrete, brick pavers, concrete pavers or stone. Patterns or alternate paving surfaces may be approved if they are in keeping with the materials of the principal structure and design detailing. Exterior Lighting 1. Site lighting shall be low intensity warm white light, as noted and on the landscape requirements. and when used, should be used to accent entrances, landscaping and/or special features (maximum 30" in height). Overall high levels of light are not desired, or may not be allowed by the Orange County Dark Sky ordinance. Intensity should be no greater than required for pedestrian safety and as accent on landscape plantings or buildings. 14 58 2. Exterior lighting shall be shielded from adjacent properties, streets and commons areas (i.e. light source shall not be visible and all lighting shall be indirect, recessed, etc. type fixtures). Exterior lighting fixtures shall be proportioned per the scale of use and coordinated with the architectural style of the house. 3. Colored lighting is not allowed. 4. Post lights are allowed and shall be approved on a case by case basis prior to installation. 5. Holiday lighting and decorations are only allowed from November 15 to January 15. Lighting shall be tasteful as defined by the ARB. Wreaths with accent lighting are acceptable within the preceding requirements. Other symbols and religious icons, decorations, dates, etc. shall be reviewed and approved on a case by case basis. Dog Houses 1. Dogs and other pets (as defined in the neighborhood ordinances and per local authorities and laws) shall be contained within the specific dwelling units. However, dog houses are allowed and will be reviewed for approval on a case by case basis. If such pets become a nuisance due to but not limited to noise, odor, etc., then neighborhood covenants, local ordinances and laws, etc. will take affect as required. 2. Such structures shall be located in the rear yard, centered as much as possible on house, within the building setback and be located so as not to be obtrusive. They shall be built and painted to blend with their immediate surroundings. 3. Landscaping may be required to soften the structure visually. 4. Play Equipment and Recreation Courts 1. Play equipment,play houses, etc. shall be placed in rear yards or of of site of the common roadway and within the building setbacks. Consideration should be given to lot size, equipment size, material, design, amount of visual screening, and relationship to neighboring property. Play equipment and play houses shall be screened with landscaping and reviewed for approval by the ARB. 2. Equipment constructed from natural materials (wood) is strongly encouraged. Painted metal play equipment,not including wearing surfaces (e.g. slides, sliding poles, and climbing rungs) shall be painted dark green or brown to blend with natural areas. 3. Play houses and tree houses shall be in scale with the size of the yard and existing buildings 4. In ground swimming pools are allowed and will be reviewed for approval on a case by case basis. Hot tubs and spas are also allowed. Such pools, hot tubs, spas, etc. shall be located in rear yards only and within the building setbacks Pools shall comply with all local, state, 15 59 etc. safety codes and requirements. Above-ground swimming pools are not allowed. 5. Permanent and/or mobile basketball goals (and other similar equipment) are allowed in rear or side yards only and are not allowed to be mounted on the front of the house, street elevations of corner lots and/or located in yards where highly visible from the street or public areas. Mobile basketball goals are not allowed near to or highly visible from any street. Basketball goals are allowed in rear yards and deep side yard side/rear load drive areas if not highly visible from the street or public areas. Basketball goals shall be a minimum of 10' from property lines. Posts shall be black or dark green in color and shall have clear plexiglass type backboards. Lighting fixtures attached to goal posts and backboards are not allowed. All basketball goals will be reviewed for approval by the ARB on a case-by-case basis. 6. Basketball, tennis and similar sports courts are allowed only in rear yards and as approved by the ARB. Such courts shall be within building setbacks and shall have additional landscape screening around perimeter. Fencing is allowed around such courts a maximum of 10' in height(per covenants and only exception for fencing above 6' in height) and as approved by the ARB. Night lighting is not recommended, however, is allowed per lighting requirements (shielded with no direct view of light source from adjacent properties, street, etc.) and low intensity lighting and as only approved by the ARB. Court material may be any material also allowed for drives and walks as previously noted. Retaining and Screen Walls 1. Retaining walls shall be unobtrusive as possible and built to the minimum height needed to serve their function. Materials may be brick, natural stone, square corner timbers, or concrete (earth tone colors), depending on location and contextual relationship. Retaining walls shall be a minimum of 5' from property lines or only as approved by the ARB on a case by case basis. 2. The ends of retaining walls should be tapered into the ground rather than abruptly ending in space. If the height of the wall requires a railing to comply with building codes, then evergreen landscaping shall be required at the base of the wall. 3. Landscaping will usually be required to soften the visual impact of retaining walls, screen walls, and other exposed structures depending on the final detail, heights, etc. of such retaining and screen walls. 4. All garbage and recycling containment and receptacles shall be located inside the house or garage, behind the house or screened from view. Such screen walls and enclosures shall match the architectural detailing and colors of the house. Such screens shall be a minimum of 6"taller than the tallest receptacle. Landscape screening is also required around such screen walls. Garbage and recycling receptacles may remain outside near street as required for pick-up, however, they shall be returned to their concealed locations at the end of such days. . Tree Removal 16 60 1. No existing live ornamental trees(e.g. holly, dogwood,redbud)may be removed without specific ARB written approval. No existing live deciduous or evergreen trees the trunks of which are five inches or more in diameter may be removed without specific ARB written approval. Trees may be removed for appropriate sized yards as approved by the ARB. It is required to have as much natural vegetation left as is possible. 2. Removal of live trees will be approved if their continued existence would be detrimental. In many cases,the ARB may require replacements. "Detrimental"conditions include physical intrusion by trees,roots, and branches on buildings or other structures in a way that could cause damage, excessive shade, or could block paths and sight lines from vehicles. Overgrowth may also be considered detrimental. 3. Trees and/or other landscaping that has been damaged by storms (or other events), dead or diseased, etc. may be removed without ARB submittal,review and approval. Awnings 1. Awnings may be appropriate for rear or side-yard patios and decks, or even exposed rear entrances and will be reviewed for approval on a case by case basis. Awnings are not allowed on front elevations. 2. Awnings must be consistent with the architectural style and scale of the house. The color of the fabric must be compatible with the existing house colors. Any exposed frames must be painted to match the trim or the dominant color of the house. Satellite Dishes 1. Provide specifications on size and color of dish and proposed location. The ARB reserves the right to deny the request if it is determined that the location of the dish would make it unsightly from the street and if another functioning acceptable location is available. Dishes larger than 1 meter in diameter are not allowed. Dishes should be painted to match house color as determined by the ARB. Landscape screening is required around ground mounted dishes where visible from street or public areas. 2. Other antennas are not allowed except as reviewed for approval on a case by case basis if they will be located on the rear of house and not visible from street. Solar Equipment 1. Solar equipment and panels are allowed. All solar collectors and other equipment require ARB approval on a case by case basis. 2. A drawing showing location of the unit on the roof showing visibility from streets and neighboring lots must be submitted to the ARB. Solar collectors shall be located as inconspicuously as possible. Whenever possible, collectors should be placed on the rear of the home or on the side that has the least public exposure. Collectors should be attached 17 61 only to the roof, not free standing or ground mounted. Every effort must be taken to camouflage the plumbing and supports for the collectors. All metal parts should be painted to match the roof color. There should be a minimum exposure of piping with no piping running down the side of the dwelling. The ideal installation is one that is laid flat on the roof. 3. Any tree removal required to permit increased solar exposure to the collectors must adhere to the tree removal guidelines. No topping or removal of trees on association common areas shall be allowed. Rain Barrels 1. Rain barrels are allowed per the following requirements and are reviewed and approved by the ARB on a case by case basis. 2. Rain barrels are allowed per home unless approved objected to. 3. Rain barrels may be black, dark green, or brown/terra cotta in color and as coordinated with the house architecture, exterior materials and colors. They must be made of either plastic or wood(metal containers are not allowed). 4. Rain barrels must be placed or installed at the rear of the dwelling, or on the side of the dwelling as long as the barrels are not visible from the street. Under no circumstances are rain barrels permitted on the front of the dwelling. 5. Mosquito control shall be exercised by design or by screening to eliminate any mosquito breeding. Landscaping and Site Development 1. General: A Landscape Plan is required for each specific lot and may be delayed and submitted to the ARB for review and approval at least 30 days prior to landscape installation (per previous ARB procedures and requirements section). All landscaping shall be in accordance with the requirements of Orange County requirements and these Guidelines. Nothing herein shall be construed to be less than nor to reduce the requirements. In particular, streetscape and buffer requirements shall be adhered to. Note also that the developer/ declarant and ARB will initially and periodically review the initial and additional landscape installations of the builders to insure landscaping is meeting the goals of the developer/ declarant and community. Such deficient landscaping as determined by the developer/ declarant and/or ARB will be required to be replaced and/or upgraded. 2. Landscape design should be integrated into the design of the home, from its inception. The use and preservation of native and naturalized landscape materials is strongly encouraged. Planting plans should strive to have as strong an impact as possible at the time of installation. New planting compositions should employ simple plant massing and a limited palette of plant types in order to build unity and cohesiveness in the design. ig 62 3. The ARB requires additional landscaping to create a connection to the street. This connection will be an integration of the natural street plantings with the type of landscaping style desired by each homeowner. For example,the streetscape of deer resistant shrubs and grasses can also be reflected in the front and backyard planting style. If a more formal planting approach is desired for the landscaping next to the house,there should be a buffer area where the natural feeling of the street plantings is transitioned into the more formal style of the home. The desired location of and type of plantings along the street will be shown on a concept plan provided by the developer adequate screening and privacy from the street and adjacent lots and most specifically areas such as but not limited to drives and walks, decks,patios, mechanical and electrical equipment, etc. 4. The paving and drainage design, drainage easements, etc., shall not be altered in any way without the expressed written requests and written approval from the Developer/Owner and Chatham County(when required). Homebuilders and homeowners shall refer to the recorded and other site development drawings for all additional information and requirements including but not limited to storm water drainage and easements, sewer easements,buffers, flood plains, RCD areas,building setbacks, other specific lot requirements, etc. 5. Buildings and landscape material shall be placed on the site so the maximum number of desirable trees and other natural features are preserved. The site shall be finish graded for positive drainage away from house and accessory buildings to prevent ponding or soil erosion on the site or adjacent properties. 6. Irrigation is required on the front lawns and to the edge of the street on each lot by the homeowner. The location of spray heads along the street edge will be shown on a concept plan provided by the developer. Individual lawn sprays and shrub/groundcover drip systems for the total property are the responsibility of each homeowner. 7. Encroachment Permits are required by Orange County for irrigation systems located in the public R/W. Irrigation coverage of front yards and corner street side yards are only required if fescue sod is proposed and installed(see below for additional requirements if warm weather grasses are used and irrigation is not used)and all yard areas are encouraged to be irrigated. The irrigation system shall be permitted by and constructed to Chatham County Standards. The irrigation system shall be automatically controlled by a time clock. Pop-up sprinklers or drip system shall be used. No permanent risers shall be allowed. An irrigation plan should be submitted on the landscape plan for record. All head locations,pipe sizes,valve locations shall be shown. All equipment shall be identified on the plan. 8. Landscape lighting shall be low intensity with a warm white color, and when used, should be used to accent entrances and special features. Overall high levels of light are not desired, or allowed. Intensity should be no greater than required for pedestrian safety, other than as accent on landscape plantings or buildings. Exterior lighting shall be shielded from adjacent properties. 9. Rear decks that are visible from the street or adjacent lots as determined by the ARB must be underpinned with horizontal or diagonal lattice and/or landscaped for screening. Evergreen shrubs are also required for decks 4'-0"or more above grade (when visible from streets). 19 63 10. Included below is a list of the minimum amount of landscape material required for each lot. Many situations will require additional large evergreen shrubs to soften the impact of blank walks and/or garage entries. Evergreen shrubs may also be required to create privacy between homes. Additional landscaping may also be required on a case by case basis on corner lots,highly visible lots, etc. 11. Any plant material that dies or becomes unsightly after installation will be replaced by approved plants within 30 days of notification by the developer/declarant and/or ARB. 12. Landscape screening shall be provided for all service areas, electric and gas meters,HVAC equipment,utility boxes or as otherwise specified and directed by the ARB. Screening shall consist of one or more of the following methods: A planting screen consisting of a minimum of two staggered rows of evergreen shrubs with a minimum height of four feet at the time of installation and spacing that will form and effective visual screen or a wall or fence of a material specifically approved by the ARB. 13. No fence,wall, hedge, shrub planting or grades,which may obstruct vehicular sight distance, shall be permitted at any driveway turnout or intersection. No fence,wall,hedge, shrub or trees may be planted on any street right of way except as approved by Chatham County, developer/declarant and/or ARB. 14. Permanent exterior clotheslines are allowed. 15. Lawn ornaments and yard art, including but not limited to, flags (limited to one house wall or column mounted flag,no in ground flagpoles allowed), lantern poles, flood lights, security lights, fishponds,bird baths, etc. also require approval of the ARB and on a case by case basis. Items not requiring approval of the ARB include holiday decorations, for sale/for rent signage, garage/yard sale signage and political campaign signs provided that such signs are in accordance with standards set forth by the Covenants, developer/declarant/ARB and Chatham County. On the items which don't require approval,the ARB reserves the right to request a homeowner to remove an item if surrounding homeowners complain and if,upon inspection,the ARB considers the item unsightly or a nuisance. Holiday decorations shall be removed per requirements of the Covenants or a maximum of 7 days after such holiday season has ended. 16. Emergency generators are allowed but shall be located in rear yards, screened and require ARB review and approval on a case by case basis. Minimum Landscape Requirements (Including final Orange County approved requirements) The following shrubs are an example of landscape plants that can be used to enhance your property. However, many of these are not deer resistant and need to be protected by fencing to be most effective. The developer will enclose a further list of trees, shrubs, groundcover, grasses, and other plantings that are less susceptible to deer related damage. However, the following size and spacing suggestions should be followed. 20 64 Foundation Shrubs-Low Growing 12 minimum (more if required and determined by the ARB), 18"-24", 30" o.c. max., Azalea, Laurel, Holley, Boxwood, Hawthorn, Abelia, Euonymus, Dwarf Buford,Nandina, etc. Foundation: Accent Shrubs-Medium Growing 8 minimum (more if required and determined by the ARB), 3'-4', 5'-0"o.c. max.,Holly Boxwood, Acuba, Camella, Ligustrum, screen is Cleyera, Elaegnus, Juniper,Wax Myrtle, Ogmanthus, Pyracantha, etc. Large Evergreen Screen or Accent 2 minimum, 7'-8', 8'-0"to -10'-0"o.c.,Magnolia,Wax Myrtle,Ligustrum, Osmanthus, Pines,Pyracantha, Viburum, etc. Flowering Accent Shrubs 4 minimum, 24"-30", Quince,Hydrangea,Jasmine, Rhododendron, Rose, Spirea,Azelea, Camellia, Forsythia, etc. Flowering or Accent Tree 1 minimum, 1.5"-2" (7' to 8' minimum), Dogwood,Plum, Cherry, Serviceberry, Redbud,Japanese Maple, etc. Street Tree 1, 2.5"-3", Placement to be determined by the Developer/Owner. 1. Provide two 6" Caliper trees planted 15' to 35' from the edge of road asphalt. The goal is to bring the forest line closer to the road, and to break the edge of the natural flora as it undulates towards and away from the road breaking the hard edge of the road and its right-of-way. 2. Light bulbs /light source should not be directly visible from the street or from the neighbor's homes. Use reflective lighting. 3. There shall be up lighting on the two 6" caliper trees (as noted in item 1. above) and additional landscape lights totaling a minimum of 10 landscape lights. These lights can be used to light the home from the ground up but using no more than half in that manner. The bulb's color and wattage will be specified by the developer and/or ARB. The landscape lights shall be designed to allow reflective lighting illuminating the road from each home for walking down the road at night and for overall ambiance of our neighborhood. 4. All trees over an 8" caliper and all rock outcroppings shall be surveyed and noted on the site plan. 5. All trees over an 8" caliper shall not be removed without the approval of the ARB. 6. Provide two 6" Caliper trees planted 15' to 35' from the road asphalt(also with section 1 and 2 required as previously noted). 21 65 Construction Maintenance and Miscellaneous 1. During construction, all debris shall be placed in a single location on the lot of the construction site only. The debris shall be contained by some type of barrier(e.g. wire fencing)to assist in keeping the debris from being scattered. 2. Weekly (Fridays required) and after construction is completed there shall be no debris or trash of any kind remaining on any lot, on sidewalks or streets contiguous thereto and no excess building material, storage shed or trash shall remain on such a lot. Storage of any building materials, equipment, etc. is not allowed on any sidewalk or street. It is hereby made the duty of the homebuilder or his agent, or the homeowner, to remove or cause to be removed any and all of the above debris within 72 hours of notification by the developer/ declarant and/or ARB. Failure to comply with the request will cause removal of the debris by action of the Eden View Acres Property Owners' Association and all related costs will be charged to the homebuilder or the homeowner. 3. During construction, all streets shall be kept clean of mud and trash and all broken curb or paving shall be promptly repaired. 4. It is the primary responsibility of each homeowner to maintain his property in a way that it does not detract from the overall beauty of the community. Following is a list of areas that should be reviewed on a regular basis to ensure that your home is in good repair: a. Landscaping (shrubbery, trees, lawns, etc.) b. Driveways and sidewalks C. Decks d. Fences e. Play equipment f. Roofing g. Wood h. Paint and stain i. Garbage can storage 5. If at any time the developer/declarant and/or ARB or the Property Owners' Association is made aware of a property that has deteriorated to the point that it is affecting the aesthetics of the community, representatives of the developer/declarant/Association will make a site inspection. Based on the severity of the deterioration, the homeowner will be given a specified length of time to make the necessary repairs. If after that time, the repairs have still not been made, the developer/declarant/Association may be forced to take more strenuous action per the Covenants and all related costs will be charged to the homebuilder or the homeowner. 6. There are many changes and additions that property owners can make to their property. The ones described in these Guidelines are the most common. If the proposed project is not included in the Guidelines, refer to the one that is closest in concept to your project and use it as a guide for preparing an application to the ARB. 22 66 7. Most of all, in all that is proposed, consider the neighbors and neighborhood to provide the best aesthetic and quality project possible. 23 67 EDEN VIEW ACRES ARB SUBMITTAL CHECKLIST BUILDER SUBMITTAL FORM NO SUBMITTAL WILL BE REVIEWED UNLESS ALL INFORMATION IS INCLUDED Submit completed ARB Submittal Checklist and required information to ARB for ARB review and approval prior to proceeding with any permitting or construction as required. Builder/Homeowner Name Lot No. Plan Name Date Submitted Street Address Site Plan(8-1/2"x 11") ❑ Scale ❑ Setbacks and easements ❑ Building footprint and finished floor elevation ❑ Clearing limits not to exceed necessary construction zone(indicate on plan) ❑ Water meter&sewer locations(from field observation) ❑ Driveway(include any special materials)and finished elevation at street ❑ Decks and patios ❑ Walkways,etc. ❑ Fencing and retaining walls(including fence detail if proposed) ❑ Service areas(include method of screening) ❑ Accessory buildings(if any) ❑ Pool and pool surround and required fencing ❑ Impervious square footage(per local requirements for record) Landscaping Plan(11" x 17"minimum) ❑ A Landscaping Plan is required for each specific lot submittal and/or as approved per landscape designer/ architect representative and the Eden View Acres Guidelines'requirements. Architectural Plans(8-1/2"x 11") ❑ Floor plans with finishable square footage(within limits) ❑ Front,sides&rear elevations(with material indications) ❑ Special details(porch railings,columns,etc.) Colors and Materials ❑ Color Selection Form must be attached Reviewing is only for conformance with the Eden View Acres Architectural Guidelines. The builder/owner is responsible for compliance with the Eden View Acres Architectural Guidelines,Covenants,local and other ordinances and other applicable codes,regulations,etc. ❑ Approved ❑ Approved as Noted ❑ Not Approved ❑ Resubmit Reviewed By Date Eden View Acres ARB Representative ■ ■ ■ ■ ■ ■ ■ 24 68 EDEN VIEW ACRES COLOR SELECTION FORM May 2018 Note: Submit completed ARB Color Selection Form and required information to ARB for ARB review and approval prior to proceeding with any exterior finishing,painting,etc.as required. Builder/Homeowner Name Lot No. Plan Name Date Submitted Street Address All exterior colors must be selected and submitted to the Eden View Acres Architectural Review Board(ARB)for review and approval prior to painting/finishing house. In case of conflict with existing homes,another color choice may be required for ARB review and approval. Review the permanent files and adjacent house colors for color coordination and prevention of color duplication prior to submittal. Provide material manufacturer,product/model name,color name,color number,etc.as required for each material and color to best indicate/identify such material and color. Paint colors other than Sherwin Williams colors and other manufacturers that the ARB architect has easily available for reference shall be submitted with color chip samples(minimum 1"square in size and larger samples may be required)for ARB review,approval and record. Color brochure sheet for all brick,stone,other veneers,roof,special door and window colors,etc.proposals may also be requested/required for ARB review,approval and record. All exterior materials and colors should be submitted with the original house submittal to best assure your first choice selection. Note: Color selection approval based on a first-come first-serve basis. See the Guidelines for other specific exterior material and color requirements. Brick Stone Siding Trim Shakes Board and Batten Front Door Garage Door Windows Shutters Roof Fencing Other(Accent areas,accessory buildings,etc.) Reviewing is only for conformance with the Eden View Acres Architectural Guidelines. The builder/owner is responsible for compliance with the Eden View Acres Architectural Guidelines,Covenants,local and other ordinances and other applicable codes,regulations,etc. ❑ Approved ❑ Approved as Noted ❑ Not Approved ❑ Resubmit Reviewed By Date Eden View Acres ARB Representative 25 69 EDEN VIEW ACRES ARB ALTERATIONS AND ADDITIONS SUBMITTAL CHECKLIST HOMEOWNER SUBMITTAL FORM NO SUBMITTAL WILL BE REVIEWED UNLESS ALL INFORMATION IS INCLUDED MaSubmit completed ARB Alterations and Additions Submittal Checklist and required information to ARB for ARB review and approval prior to proceeding with any additions and alterations project permitting or construction as required. Builder/Homeowner Name Date Submitted Street Address Lot No. Telephone Numbers—Home: Work: Site Plan as required(8-1/2"x 11") ❑ Setbacks and easements ❑ Existing house and additions footprint and finished floor elevation(s) ❑ Driveway and parking improvements/additions ❑ Deck,patio,walkway,etc.improvements/additions ❑ Fencing and retaining walls(including fence details)improvements/additions ❑ Accessory outbuilding improvements/additions ❑ Pool and its pool surround and required fencing ❑ Other site improvements/additions as required ❑ Impervious square footage(per local requirements for record) ❑ Removal of Trees over 6"in diameter Landscaping Plan as required(11" x 17" minimum) ❑ A Landscaping Plan is required for any landscape improvements other than for maintenance purposes and/or as approved per landscape designer/architect representative and the Eden View Acres Guidelines' requirements. Architectural Plans as required(8-1/2"x 11") ❑ Floor plans with square footage of improvements/additions ❑ Front,sides&rear elevations(with material indications) ❑ Special details(porch railings,columns,etc.) ❑ Color Selection Form must be attached Neighbor Notification ❑ Notification(for information purposes only and not for their"approval")of all adjacent neighbors or would reasonably view the improvement from their property required(indicate names of neighbors contacted on back) Reviewing is only for conformance with the Eden View Acres Architectural Guidelines. The builder/owner is responsible for compliance with the Eden View Acres Architectural Guidelines,Covenants,local and other ordinances and other applicable codes,regulations,etc. ❑ Approved ❑ Approved as Noted ❑ Not Approved ❑ Resubmit Reviewed By Date Eden View Acres ARB Representative ■ ■ ■ ■ ■ ■ ■ 26 70 EDEN VIEW ACRES LANDSCAPE SUBMITTAL CHECKLIST BUILDER SUBMITTAL FORM NO SUBMITTAL WILL BE REVIEWED UNLESS ALL INFORMATION IS INCLUDED Submit completed Landscape Submittal Checklist and required information to ARB for ARB review and approval prior to proceeding with any permitting or construction as required. Builder/Homeowner Name Lot No. Plan Name Date Submitted Street Address Landscaping Plan(11" x 17" minimum) ❑ Scale,North arrow,Property Lines ❑ Setbacks and easements ❑ Building footprint including windows and doors ❑ Clearing limits not to exceed necessary construction zone(indicate on plan) ❑ Water meter&sewer locations(from field observation) ❑ Type of turf proposed and any required buffer beds or edging ❑ Driveway,Decks and patios ❑ Walkways(include 3'walkway to street sidewalk where required/suggested),etc. ❑ Fencing and retaining walls(including fence detail if proposed) ❑ Service areas(include method of screening)and Accessory buildings(if any) ❑ All proposed plant material shown and labeled ❑ Plant list with key and size of each plant ❑ Impervious square footage(per local requirements for record) Partial List of crucial Landscape design elements to include on Landscape Plan: (Please refer to Architectural Guidelines for complete Guideline information) ❑ Minimum two 6"caliper street trees in front per lot requirements ❑ HVAC and all mechanical equipment and service areas are screened ❑ Screening of blank walls,garage entries and property lines that are bare between adjacent lots ❑ Additional landscaping if lot backs up to road,is on a corner,near clubhouse or highly visible rear decks have lattice or plants when visible from road and neighbors Reviewing is only for conformance with the Eden View Acres Architectural Guidelines. The builder/owner is responsible for compliance with the Eden View Acres Architectural Guidelines,Covenants,local and other ordinances and other applicable codes,regulations,etc. ❑ Approved ❑ Approved as Noted ❑ Not Approved ❑ Resubmit Reviewed By Date Eden View Acres ARB Representative 27 71 EDEN VIEW ACRES CERTIFICATE OF COMPLIANCE This form is to be completed and submitted to the ARB by the lot specific Builder/Owner and signifies an official request for the final ARB review and approval of construction and landscaping. Please submit this form a minimum of 14 days prior to final construction completion and/or prior to homeowner closing/ occupancy of house for ARB on site review and approval. The ARB review is to be expedited only on an as needed case by case basis. Builder/Owner Name Lot No. Street Address BUILDER/OWNER CERTIFICATION I have reviewed and verified that all construction,site work and landscaping is completed per the original reviewed/ approved ARB Submittal and as set forth in the Guidelines and hereby request the ARB site visit and final post construction certification. Attached to this application are any incomplete items for ARB reference at time of site inspection. It is our understanding that all such non-compliance issues(house as well as landscaping)found during the ARB on-site inspection review shall be communicated to the homeowner and it is the builder's and homeowner's total responsibility to complete such non-compliance issues as follows: Builder shall not close on the house/lot without first either,(1)Bringing all such issues into compliance as required prior to closing and obtaining approved Certificate of Compliance from the Developer/Owner/ARB,(2)disclosing any non-compliance items to the homeowner in writing specifying the time period for which such issues will be corrected and obtaining homeowner's signature acknowledging that such items are outstanding and agreeing to such time period for correction. (If builder elects this clause,the builder shall provide a signed copy of the homeowner's acknowledgement to Developer/Owner/ARB for approval prior to closing of such property and final Certificate of Compliance will be issued after completion of such issues/after closing of property.) Signature of Builder/Owner Date The ARB has visited the site,has completed the Final Construction Inspection Review and hereby certifies the building and site improvements(as noted)to be in compliance with the original reviewed/approved ARB Submittal and Guidelines with any review comments as noted on attached Post Construction Summary. The Certificate of Compliance is provided by the ARB for the purposes of documenting(1)aesthetic qualities, (2)compliance with the original ARB Submittal and(3)compliance with the Guidelines. The Builder/ Owner is fully responsible for compliance with all other Eden View Acres Covenants,applicable state and local building and zoning codes,regulations,ordinances,etc. ❑ Approved ❑ Approved as Noted/Re-Submit(See attached comments for completion and DRC review and approval prior to occupying/closing the property and receiving the final approved Certificate of Compliance.) Reviewed By Date EDEN VIEW ACRES ARB Representative ■ ■ ■ ■ ■ ■ ■ 28 72 STATE OF NORTH CAROLINA DECLARATION OF COVENANTS, COUNTY OF ORANGE CONDITIONS AND RESTRICTIONS FOR EDEN VIEW ACRES THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Declaration") is made this day of , 2023, by Dairyland Farm, LLC, a North Carolina limited liability company (the "Declarant). All capitalized terms used herein shall have the meanings set forth in Article I or elsewhere in this Declaration. WITNESSETH: Declarant owns that certain real property located in Chatham County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated hereby by reference (the "Property"), which Property is being developed by Declarant as a residential community known as "Eden View Acres." Declarant desires to establish through these covenants a healthy environment for the community to be developed on the Property, along with a uniform theme of development, and to these ends desires to subject the Property to the easements, covenants, conditions, restrictions, charges and liens hereinafter set forth and/or described. This Declaration creates a planned community under the North Carolina Planned Community Act (N.C. Gen. Stat. Chap. 47F). NOW, THEREFORE, Declarant hereby subjects the Property to the easements, covenants, conditions, restrictions, charges and liens hereinafter set forth and hereby declares that (subject to certain rights of amendment, as hereinafter described) all of the Property shall be held, sold and conveyed subject to such easements, covenants, conditions, restrictions, charges and liens, all of which are for the purpose of protecting the value, desirability and attractiveness of the Project. Subject to the above-described amendment rights of Declarant, such easements, covenants, conditions, restrictions, charges and liens shall run with the Property and be binding on all parties having or acquiring any right,title or interest in the Property, or any part thereof and shall inure to the benefit of each owner of the Property or any part thereof. Article I DEFINITIONS Section 1. "Act" shall mean and refer to the North Carolina Planned Community Act, Chapter 47F, North Carolina General Statutes, as same may be amended from time to time. "Additional Declaration" shall mean and refer to any Declaration of Covenants, Conditions and Restrictions filed in the Office of the Register of Deeds of Chatham County,North Carolina,with 73 regard to a certain Phase, section or portion of the Property, as more particularly described in Article II, Section 2 hereof. Section 2. "Additional Property" shall mean and refer to additional real estate near or contiguous to the Property, all or a portion of which may be made subject to the terms of this Declaration in accordance with the provisions of Article II of this Declaration. Section 3. Section 4. Section 5. "Architectural Review Board" shall mean and refer to the committee appointed by the Board to oversee the development and enforcement of architectural control standards and restrictions with respect to the Project and to perform certain other functions described in the Declaration. Section 6. "Architectural, Design and Landscape Guidelines" shall have the meaning as set forth in Article VIII hereof. Section 7. "Articles of Incorporation" shall mean and refer to the Articles of Incorporation for the Association. Section 8. "Association" shall mean and refer to Eden View Acres COMMUNITY ASSOCIATION, INC., a North Carolina non-profit corporation, its successors and assigns. Section 9. "Board"or"Board of Directors" shall mean and refer to the Board of Directors of the Association. Section 10. "Bylaws" shall mean and refer to the Bylaws for the Association, as same may be amended from time to time. Section 11. "Certificate of Occupancy" shall mean and refer to any required certification issued by the appropriate governmental authorities as a prerequisite to occupancy of any structure on the Property. 2 74 Section 12. "Common Area" or "Common Areas" shall mean and refer to the Street Lights, the Roadways, including any sidewalks, drainage facilities and other improvements located therein(prior to their acceptance for maintenance by the North Carolina Department of Transportation or other governmental entity), all pedestrian trails, walking paths and amenity areas intended for the common use and enjoyment of all Owners, and any other property specifically shown and designated on any Plat as "Community Open Space," "Cemetery," "Common Area," "Common Open Area," "Common Open Space," "Open Space," "COS," or other similar designation. The Common Areas shall be initially owned by the Declarant, and ultimately owned by the Association, except as otherwise provided herein, for the common use, benefit and enjoyment of the Owners. The Declarant reserves the right, but not the obligation, to provide additional Common Areas within the Project. Section 13. Section 14. "Declarant" shall mean and refer to Dairyland Farm, LLC, a North Carolina limited liability company, its successors in title and assigns, provided that any such successor-in-title or assign shall acquire for the purpose of development and/or sale all or substantially all of the remaining undeveloped or unsold portions of the Property and, provided further, that in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant"hereunder at the time of such conveyance. "Declarant Control Period" shall mean and refer to the period of time during which the Declarant may appoint or remove the members of the Board of Directors of the Association. The Declarant Control Period shall terminate on the Turnover Date. Section 15. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions as same may be amended and/or supplemented from time to time as herein provided. Section 16. "Dwelling Unit" shall mean and refer to a residential dwelling located upon a Lot. Section 17. Section 18. "Guidelines" shall mean and refer to the Architectural, Design and Landscape Guidelines. Section 19. 3 75 "Improvement" shall have the same meaning as set forth in Article VIII hereof. Section 20. "Lot"shall mean and refer to any numbered or lettered tract of land(excluding any Common Area) shown on any Plat which is a part of the Property and which shall be restricted for such uses as are consistent with this Declaration and any other restrictions covering the area wherein the tract of land is located. No tract of land shall become a "Lot" as that word is used herein until a Plat of the area in which the same is located is recorded in the Office of the Register of Deeds of Chatham County,North Carolina. Section 21. "Maintenance Areas" shall have the meaning as set forth in Article X hereof. Section 22. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 23. "Mortgage" shall mean any mortgage or deed of trust constituting a first lien on a Lot. Section 24. "Mortgagee"shall mean the owner and holder of a Mortgage at the time such term is being applied. Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. Section 25. "Occupant"shall mean and refer to any person occupying all or any portion of a Lot or the Property for any period of time, regardless of whether such person is a tenant of the Owner of such Lot or portion of the Property. Section 26. "Owner" shall mean and refer to the record owner,whether one or more persons or entities, of fee simple title to any Lot or other portion of the Property (excluding any Common Area), and shall include Declarant as to any Lot or other portion of the Property owned by Declarant unless otherwise qualified herein, but excluding those having such interest merely as security for the performance of an obligation. Section 27. Section 28. 4 76 "Person" shall mean and refer to any natural person, corporation, joint venture, partnership (general or limited), limited liability company, association, trust or other legal entity. Section 29. "Phase" shall mean and refer to any phase, section or portion of the Property identified by Declarant as a separate phase through a Plat or a Supplemental Declaration recorded in the Office of the Register of Deeds of Chatham County,North Carolina. Section 30. "Plat" shall mean and refer to any plat of the Property or any part of it which is recorded from time to time in the Office of the Register of Deeds of Chatham County,North Carolina. Section 31. "Project" shall mean and refer to the residential development being developed by Declarant on the Property and commonly known as Eden View Acres. Section 32. "Property" shall mean and refer to that certain real property located in Chatham County, North Carolina, and more particularly described on Exhibit"A" attached hereto and incorporated herein by reference, as well as such additional property as may be made subject to the provisions of this Declaration pursuant to the provisions of Article II hereof. Section 33. "Roadways" shall mean and refer to the rights-of-way, roads, streets, entranceways and cul-de- sacs in the Project,as shown on the Plats,and any other rights-of-way,roads, streets,entranceways and cul-de-sacs on the Property, all to be privately maintained by the Association until accepted for maintenance by the North Carolina Department of Transportation or other governmental entity. Section 34. Section 35. "Street Lights" shall mean and refer to those certain street lights owned or leased by Declarant or the Association and installed upon, along and/or over the rights-of-way of the Roadways, Parking Area(s) (if any), Maintenance Areas and Common Areas. Section 36. "Supplemental Declaration" shall mean and refer to any Supplemental Declaration of Covenants, Conditions and Restrictions filed in the office of the Register of Deeds of Chatham County,North Carolina, to bring additional property within the coverage of this Declaration and the jurisdiction of the Association, as more particularly described in Article II hereof. Section 37. 5 77 "Turnover Date" shall have the meaning set forth in Article IV hereof. Article II PROPERTY SUBJECT TO THIS DECLARATION AND WITHIN THE JURISDICTION OF THE ASSOCIATION Section 1. Property Made Subject to this Declaration . The Property is hereby made subject to this Declaration and the Property shall be owned, held, leased, transferred, sold, mortgaged and/or conveyed by Declarant, the Association, each Owner and each party owning record title to any of the Property subject to this Declaration and the controls, covenants, conditions, restrictions, easements, development guidelines, Architectural, Design and Landscape Guidelines for Eden View Acres, charges and liens set forth in this Declaration. Section 2. Additions to the Property (a) Declarant may cause Additional Property (including Common Areas) to be made subject to the terms and scheme of this Declaration by filing one or more Supplemental Declarations in the Office of the Chatham County Register of Deeds, containing a description of the Additional Property and a statement by the Declarant of its intent to extend the operation and effect of this Declaration to the Additional Property. Notwithstanding the foregoing, the covenants and restrictions established herein as applied to, or imposed upon, the Additional Property may be altered or modified by the filing of one or more Supplemental Declarations as provided in Subparagraph (b)below. (b) Any Supplemental Declaration may contain complementary additions to the covenants and restrictions contained herein as may be necessary in the judgment of the Declarant to reflect the different character of the Additional Property. In no event, however, shall any Supplemental Declaration revoke, modify or add to the covenants and restrictions contained herein with respect to the Property,nor revoke,modify, change or add to the covenants and restrictions established by previously filed Supplemental Declarations, without meeting the requirements for amendment set forth in this Declaration. (c) In addition to the controls, covenants, conditions, restrictions, easements, development guidelines, charges and liens set forth in this Declaration, Declarant shall have the right, at its election without the consent of any Owner or Owners, to subject any Phase, section or portion of the Property owned by Declarant to additional controls, covenants, conditions, restrictions, easements, development guidelines, charges and liens, by filing an Additional Declaration in the Office of the Register of Deeds of Chatham County covering only such Phase, section or portion of the Property. Such an Additional Declaration may or may not provide for the establishment of a property owners' association to govern the ownership and/or maintenance of the Property affected by and the enforcement of the provisions of such Additional Declaration. Whether or not a property owners' association is formed pursuant to such Additional Declaration,the Association 6 78 shall have the right and authority to enforce all controls, covenants, conditions, restrictions, easements, development guidelines, charges and liens imposed by such Additional Declaration and any amendments thereto, whether or not such right and authority is expressly provided for in such Additional Declaration. (d) Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed that, until such time as a Certificate of Occupancy is issued for a residence on every recorded Lot in Eden View Acres, the prior written consent of Declarant shall be required for any parties to modify, change and/or amend, in whole or in part, the terms and provisions of this Declaration, any Supplemental Declaration, any Additional Declaration and/or the Bylaws or to impose new or additional covenants, conditions, restrictions or easements on any part of the Property. 7 79 Article III PROPERTY RIGHTS Section 1. Ownership of Common Areas . Except as otherwise provided herein, Declarant shall convey to the Association the Common Areas to be owned and maintained by the Association(to extent such areas can be conveyed in fee simple); provided, (a) with respect to any part of the Common Areas leased by Declarant (e.g., Street Lights), Declarant shall assign its rights under such lease to the Association, and (b) with respect to any part of the Common Area to which Declarant possesses easement rights, Declarant shall assign its rights under such easement to the Association. The Declarant shall have the right (but shall not be obligated) to construct within the Common Areas, among other things, (i) the Street Lights (which may be leased or purchased from a third party) and other lighting, signage and irrigation facilities, (ii) the Roadways (including sidewalks, drainage facilities and other improvements), and (iii) certain additional recreational amenities and facilities, for the use and enjoyment of the Owners who are entitled to the use of such Common Areas as provided in this Declaration, including, without limitation, monumentation and pedestrian paths in locations to be determined by Declarant. Notwithstanding the recordation of any Plat or any other action by Declarant or the Association, all Common Areas shall remain private property and shall not be considered as dedicated to the use and enjoyment of the public (with the exception of the Roadways,which may eventually be accepted for public dedication and maintenance by the North Carolina Department of Transportation or other governmental entity). Section 2. Owners' Rights to Use and Enjoy Common Areas . Each Owner shall have the non-exclusive easement and right to use and enjoy the Common Areas, and such right shall be appurtenant to and conveyed with title to such Owner's Lot, subject to the following: (a) the right of the Association and the Board to promulgate and enforce reasonable regulations governing the use of the Common Areas to insure the availability of the right to use the Common Areas to the Owners; (b) the right of the Association to suspend the voting rights of an Owner in the Association and the right of the Association to suspend the right to use certain or all of the Common Areas by an Owner for any period during which any assessment or charge against said Owner's Lot remains unpaid, and for the maximum period allowed by applicable law for any infraction of its published rules and regulations; (c) the right of the Declarant or the Association to grant or reserve utility, drainage and other easements across the Common Areas; (d) the right of the Association, subject to the provisions of the Act, to encumber or convey all or any part of the Common Areas. (d) (e) any and all other applicable provisions of this Declaration, including, without limitation, the provisions of Article VII, Section 16 and of Section 4 below. 8 80 Section 3. Delegation of Use . Any Owner may delegate, in accordance with the Bylaws, his or her right of enjoyment to the Common Areas and facilities located thereon to the members of his or her family,his or her guests, invitees, or his or her tenants. Section 4. Bodies of Water . By acceptance of a deed to a Lot, each Owner acknowledges that the water levels of all water bodies within the Property may vary. There is no guarantee by the Declarant or the Association that water levels will be constant or aesthetically pleasing at any particular time. In fact, water levels may be non-existent from time to time. Article IV THE ASSOCIATION Section 1. Membership . Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot, and shall be governed by the Bylaws. In addition, as long as Declarant owns any part of the Property, Declarant shall be a Member of the Association. Section 2. Classes of Voting Members . The Association shall have two (2) classes of voting membership: (a) Class I. The Class I Association Members shall be all Association Members with the exception of Declarant. Class I Association Members shall be entitled to one (1)vote for each Lot owned by such Association Member. When more than one Person owns an interest (other than a leasehold or security interest) in any Lot, all such Persons shall be Members and the voting rights appurtenant to said Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1)vote be cast with respect to any Lot. (b) Class II. The Class II Association Member shall be Declarant. The Class II Association Member shall be entitled to ten(10)votes for each Lot owned by Declarant. Section 3. Declarant Control Period; Relinquishment of Control . Notwithstanding any other provision of this Declaration or the Bylaws, until the expiration of the Declarant Control Period, Declarant may, in its discretion, appoint and remove all of the directors and officers of the Association. Notwithstanding anything contained herein to the contrary, the Declarant Control Period shall expire and the Class II Association Membership shall cease and be converted to Class I Association Membership upon the earliest to occur of(a) the date on which a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View Acres, or (b) the date Declarant shall elect, in its sole discretion, that the Class II 9 81 membership cease and be converted to the Class I membership (which election may be made, if at all, upon Declarant giving written notice of its election to the Board). The earliest to occur of(a) or (b) above shall herein be referred to as the "Turnover Date." After the Turnover Date and for so long as Declarant owns any part of the Property, Declarant shall be a Class I Association Member. Section 4. Availability of Documents . The Association shall maintain current copies of the Declaration, the Bylaws and other rules concerning the Project as well as its own books, records, and financial statements available for inspection by all Owners, Mortgagees and insurers and guarantors of Mortgages that are secured by Lots. All such documents shall be available during normal business hours upon reasonable notice and stated purpose. In addition, any Mortgagee may, at its own expense, have an audited statement prepared with respect to the finances of the Association. Section 5. Management Contracts . The Association is authorized and empowered to engage the services of any person, firm or corporation to act as managing agent of the Association at a compensation level to be established by the Board and to perform all of the powers and duties of the Association. The managing agent may be an affiliate of Declarant. Any such contract shall be terminable by the Association with or without cause upon sixty (60) days prior written notice to the manager without payment of a termination fee. Section 6. Maintenance . Prior to their acceptance for public maintenance, the Roadways shall be maintained by the Association. Such maintenance shall include repair and reconstruction, when necessary. Maintenance of the Roadways shall conform to the standard of maintenance (if one is ascertainable) which would be required by the North Carolina Department of Transportation or other governmental entity before it would accept such Roadways for maintenance. The Common Areas and the Maintenance Areas, together with all utilities, easements and amenities located therein and not otherwise maintained by public entities or utilities or any other party as provided herein, shall be maintained by the Association as more particularly described below: (a) Maintenance of the entryways to the Project and other monumentation, walls and fencing shall include maintenance,repair and reconstruction,when necessary, of the entrance monuments, fencing, walls, signage, irrigation,planters and lighting located thereon and providing and paying for landscaping, utility charges for irrigation and lighting of the entrance monuments and signage located thereon. (b) To the extent not maintained by the North Carolina Department of Transportation or other governmental entity, as the case may be, the Association shall maintain or cause to be maintained the swales and medians and associated landscaping and related improvements along and within the Roadways. 10 82 (c) The Common Areas and Maintenance Areas shall be clean and free from debris and maintained in an orderly condition, including any removal and replacement of any landscaping, utilities, or improvements located thereon. Section 7. Reserve Fund . The Association shall establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of all or a portion of the Common Areas or Maintenance Areas and in order to fund unanticipated expenses of the Association or to acquire equipment or services deemed necessary or desirable by the Board of Directors. Such reserve fund shall be collected and maintained out of the Annual Assessments, as hereinafter defined. Assessments collected as reserves shall not be considered to be advance payments of Annual Assessments. Section 8. Liability Limitations . Neither Declarant, nor any Association Member, nor the Board, nor any members, managers, officers, directors, volunteers, agents or employees of any of them shall be personally liable for debts contracted for or otherwise incurred by the Association or for a tort of another Association Member, whether or not such other Association Member was acting on behalf of the Association or otherwise. Neither Declarant, nor the Association, nor their members, managers, directors, officers,agents or employees shall be liable for any incidental or consequential damages for failure to inspect any premises, improvements or portions thereof or for failure to repair or maintain the same. Declarant, the Association or any other person, firm or association making such repairs or maintenance shall not be liable for any personal injury or other incidental or consequential damages occasioned by any act or omission in the repair or maintenance of any premises, improvements or portions thereof. The Association shall, to the extent permitted by applicable law, indemnify and defend all members of the Board from and against any and all loss, cost, expense, damage, liability, claim, action or cause of action arising from or relating to the performance by the Board of its duties and obligations, except for any such loss, cost, expense, damage, liability, claim, action or cause of action resulting from the gross negligence or willful misconduct of the person(s) to be indemnified. Article V COVENANT FOR ANNUAL AND SPECIAL ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation for Annual, Supplemental Annual, Special and Special Individual Assessments . Each Owner of any Lot,by acceptance of a deed therefor,whether or not it shall be so expressed in any such deed or other conveyance document, is deemed to covenant and agrees to pay to the Association Annual Assessments, Supplemental Annual Assessments, Special Assessments and Special Individual Assessments (collectively, the "Assessments"), established and collected as hereinafter provided. Any such assessment or charge,together with interest, costs, and reasonable attorneys' fees, shall be a charge and a continuing lien upon the Lot against which each such assessment or charge is made. Each such assessment or charge, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner, at the time when the 11 83 assessment fell due, of the Lot against which such assessment or charge is made. The personal obligation for delinquent assessments or charges shall not pass to an Owner's successors in title unless expressly assumed by them, provided such assessments or charges, together with interest, costs, and reasonable attorneys' fees, shall, as set forth above, be a continuing lien upon the Lot against which such assessments or charges are made. Section 2. Purpose of Annual Assessments . The assessments to be levied annually by the Association("Annual Assessments") shall be used as follows: (a) to operate, repair, maintain, reconstruct (when necessary) and keep clean and free from debris the Common Areas and (to the extent provided herein) the Maintenance Areas and any improvements (including landscaping) located thereon, including any necessary removal or replacement of landscaping; (b) to maintain and repair the Roadways to the standards of the maintenance (if one is ascertainable) which would be required by the North Carolina Department of Transportation or other governmental entity before it would accept such Roadways for maintenance; (c) to maintain, operate, repair and reconstruct, when necessary, the entryways to the Project, including the entrance monuments, signage, irrigation, planters, landscaping and lighting located thereon; (d) to maintain and repair the swales not located on a Lot and medians,landscaping and related improvements along and within the Roadways to the extent not maintained by the North Carolina Department of Transportation or other governmental entity, as the case may; (e) to pay any costs associated with the lease and operation of the Street Lights, including,but not limited to, any monthly lease payments and utility costs; (f) to pay all ad valorem taxes levied against the Common Areas and any other property owned by the Association; (g) to pay the premiums on all insurance carried by the Association pursuant hereto or pursuant to the Bylaws; (h) to pay all legal, accounting, management, and other professional fees incurred by the Association in carrying out its duties as set forth herein or in the Bylaws; (i) to carry out all other purposes and duties of the Association,the Board of Directors and the Architectural Review Board as stated in the Articles, the Bylaws and in this Declaration; and 0) to maintain contingency reserves for the purposes set forth in Article IV hereof in amounts as determined by the Board of Directors. The expenses of the Association for the foregoing are sometimes referred to herein as "common expenses." 12 84 Section 3. Payment of Annual Assessments; Due Dates . Each Owner of a Lot shall pay to the Association Annual Assessments as hereinafter set forth. Annual Assessments provided for herein shall commence as to all Lots shown on a Plat of any Phase of the Property as of the date of the conveyance of the first Lot in such Phase by Declarant to an Owner(other than Declarant)of such Lot. The Annual Assessment for the first year in which a Lot is subject thereto shall be prorated based upon the number of days remaining in the applicable billing period from the date of such conveyance. The Annual Assessment amount for each calendar year shall be in an amount as set by the Board of Directors, in accordance with the terms of this Article V. Annual Assessments shall be due and payable in advance on a yearly basis (or such other basis as is determined by the Board in its discretion) commencing on January 1 of each calendar year. The Board of Directors shall fix the amount of the Annual Assessment as to each Lot for any calendar year at least thirty(30) days prior to January 1 of such calendar year, and the Association shall send written notice of the amount of the Annual Assessment, as well as the amount of the payment due, to each Owner on or before January 5 of such calendar year. To the extent required by North Carolina General Statutes 47F-3-103(c) or other applicable law, such notice shall include notice of a meeting of the Members to consider ratification of the budget, including a statement that the budget may be ratified without a quorum. If such a meeting is required by N.C. General Statutes 47F-3-103(c), or other applicable law, the Board of Directors shall set a date for a meeting of the Members to consider ratification of the budget to be held not less than ten (10) nor more than sixty (60) days after mailing of the summary and notice. If such meeting is required as set forth above, there shall be no requirement that a quorum be present at the meeting. The budget is ratified unless at such meeting Members exercising all of the votes in the Association reject the budget. The failure of the Association to send,or of a Member to receive, such notice shall not relieve any Member of the obligation to pay Annual Assessments. Notwithstanding the foregoing, for calendar years beginning prior to the Turnover Date, in lieu of payment of Annual Assessments, Declarant may elect to pay for each such calendar year that portion of the annual expenses of the Association(excluding any reserves)which exceeds the total amount of the Annual Assessments paid by the Owners other than Declarant. Section 4. Conveyance Pro-rations; Reduced Annual Assessments (a) With respect to any Lot conveyed by Declarant, the purchaser of such Lot shall pay to the Association at closing the amount of the Annual Assessment for the installment period in which the closing occurs on such Lot prorated based upon the number of days remaining in such installment period. With respect to any Lot conveyed by any Owner other than Declarant, the amount of the Annual Assessment applicable to such Lot for the installment period in which such closing occurs shall be prorated between the buyer and seller thereof as of the date of closing of such conveyance. (b) Declarant shall have the authority to reduce the Annual Assessment on any Lot on which no structure has been completed(i.e., no Certificate of Occupancy has been issued). Section 5. Special Assessments 13 85 In addition to the Annual Assessment authorized above, the Association may levy, in any assessment year, a special assessment ("Special Assessment") for one or more of the following purposes: (i) paying the cost of the construction of any Common Area and/or Maintenance Area improvements which are not originally constructed by Declarant; or (ii) paying the cost of the reconstruction, repair or replacement of the Common Areas and/or Maintenance Areas, including any improvements located thereon; or (iii) paying the cost of preventative actions to protect the Property or any improvements located thereon, and to further reconstruct, repair or replace any portion of the Property or such improvements following an emergency, including but not limited to,floods,hurricanes,tornadoes, fires,acts of God or other naturally occurring phenomena; or(iv) paying the costs to acquire land and/or improvements from Declarant to be used as Common Area; or (v) any other similar purpose. Provided, however, (a) Declarant shall not be obligated to pay any Special Assessments on Lots owned by Declarant except with Declarant's prior written approval, and (b) any Special Assessment must be approved by Declarant (so long as Declarant owns any part of the Property). Section 6. Special Individual Assessments . In addition to the Annual Assessments and Special Assessments authorized above, the Board of Directors shall have the power to levy a special assessment applicable to any particular Owner ("Special Individual Assessment") (i) for the purpose of paying for the cost of any construction, reconstruction, repair or replacement of any damaged component of the Common Areas and/or Maintenance Areas and any improvements located thereon, whether occasioned by any act or omission of such Owner(s), members of such Owner's family or such Owner's agents, guests, employees, tenants or invitees and not the result of ordinary wear and tear; or (ii) for payment of fines, penalties or other charges imposed against any particular Owner relative to such Owner's failure to comply with the terms and provisions of this Declaration, the Bylaws or any rules or regulations promulgated by the Association or the Declarant pursuant to this Declaration or the Bylaws. Provided, however, Declarant shall not be obligated to pay any Special Individual Assessment except with Declarant's prior written approval. The due date of any Special Individual Assessment levied pursuant to this Section 6 shall be fixed in the Board of Directors resolution authorizing such Special Individual Assessment. Upon the establishment of a Special Individual Assessment, the Board shall send written notice of the amount and due date of such Special Individual Assessment to the affected Owner(s) at least thirty (30) days prior to the date such Special Individual Assessment is due. Section 7. Collection Agent . At the option of the Board of Directors,any person or entity designated by the Board of Directors may act as collection agent for any and all assessments imposed by the Association and/or the Board against the Owners. Section 8. Assessments Aizainst Lots Owned by Declarant . Anything to the contrary set forth in this Declaration notwithstanding, the Annual Assessments on each Lot owned by Declarant shall be an amount equal to ten percent (10%) of the amount of the Annual Assessments on each Lot owned by an Owner other than Declarant;provided,however, that for calendar years beginning prior to the Turnover Date, in lieu of payment of Annual 14 86 Assessments, Declarant may elect to pay for each such calendar year that portion of the annual expenses of the Association(excluding any reserves)which exceeds the total amount of the Annual Assessments paid by the Owners other than Declarant. In addition, Declarant shall be entitled to credit against any Assessments on Lots owned by Declarant any and all amounts which Declarant has paid directly for common expenses, or has paid or contributed to the Association for the Association's payment of common expenses. Until the Turnover Date, the Declarant may elect on an annual basis, but shall not be obligated, to reduce the Annual Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant pursuant to the immediately preceding paragraph),which may be either a contribution or an advance against future assessments due from the Declarant (if Declarant consents in writing to any such assessments),in the Declarant's discretion. Any such subsidy shall be conspicuously disclosed as a line item in the Association budget. The payment of such subsidy in any year shall under no circumstances obligate the Declarant to continue payment of such subsidy in future years. Section 9. Operating Capital Fund . At the time of closing of the initial sale of each Lot by Declarant to a third party purchaser, an operating capital payment shall be collected from the purchaser of such Lot (or, if Declarant so elects, from Declarant) and transferred to the Association to be used as a operating capital fund, which operating capital payment shall be in such amount that Declarant, while a Class II Membership exists, or the Board, following the termination of the Class II Membership, shall determine from time to time. The operating capital fund shall be used by Association for whatever purposes it deems necessary or desirable. Amounts paid into the fund shall not be considered advance payment of regular assessments. Article VI GENERAL ASSESSMENT PROVISIONS Section 1. Certificate Regarding Assessments . The Association or its agents shall, not more than ten (10)business days after demand therefor, and for a reasonable charge, 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 and its agents as of the date of its issuance. Section 2. Effect of Nonpayment of Assessments; Remedies of the Association . Any assessment (or installment thereof) not paid by its due date as set forth herein shall bear interest from such due date at the rate of eighteen percent(18%)per annum or the highest rate then permitted by law,whichever is less. In addition to such interest charge,the delinquent Owner shall also pay such late charge as may have been theretofore established by the Board of Directors to defray the costs arising because of late payment. The Association may bring an action at law against the delinquent Owner(or foreclose the lien against the applicable portion of the Property), and interest, late payment charges, costs and reasonable attorney's fees related to such action or 15 87 foreclosure shall be added to the amount of such assessment and assessment lien. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of his or her property or the Common Areas or otherwise. Section 3. Subordination of the Lien to Mortgages . The lien of the assessments provided for in this Declaration shall be subordinate to the lien of any first Mortgage on a Lot. Sale or transfer of any Lot shall not affect the assessment lien. The sale or transfer of any Lot pursuant to a mortgage foreclosure under any first Mortgage on a Lot, or any proceeding in lieu thereof,however,shall extinguish the lien(but not the personal obligation of the mortgagor or any prior Owner)of such assessments as to payments which became due prior to such sale or transfer; provided, however, that the Board of Directors may in its sole discretion determine such unpaid assessments to be an Annual, Special or Special Individual Assessment, as applicable, collectable pro rata from all Owners, including the foreclosure sale purchaser. Such pro rata portions are payable by all Owners notwithstanding the fact that such pro rata portions may cause the Annual Assessment to be in excess of the maximum annual assessment permitted by applicable law, if any. No sale or transfer shall relieve the purchaser of such Lot from liability for any assessments thereafter becoming due or from the lien thereof, but the lien provided for herein shall continue to be subordinate to the lien of any first Mortgage on a Lot. Article VII RESTRICTIONS Section 1. Residential Restrictions . Each Lot shall be used exclusively for single-family for its main occupied structure with a minimum square footage of 1,500sf, with an option of an additional Auxiliary Dwelling Unit (ADU) not to exceed 1,500sf, for the use of guest or for rental purposes provided, however, Declarant and contractors authorized by Declarant shall have the right to use the Lots designated from time to time by Declarant for the purpose of construction and operation of construction offices and trailers, storage areas, parking areas and sales/marketing offices and trailers (and for related uses) for the Project. Home businesses incidental to the Lot's primary residential use, in compliance with all applicable laws and that impose no undue burden (such as traffic, parking, noise or excessive deliveries) on other residences are allowed. The Board may issue rules regarding permitted business activities. Except those to be utilized by Declarant, all structures to be erected, placed, altered, used or permitted to remain on any Lot shall first be approved in advance in writing by the Architectural Review Board pursuant to the Guidelines. No Lot and no Improvements may be used for hotel or other transient residential purposes. Any lease relating to any Lot or any Improvements thereon (or any part of either thereof) must be for a term of at least six (6) months, must be in writing, and must provide that the tenant is obligated to observe and perform all of the terms and provisions hereof applicable to such Lot and/or Improvements. In the event an Owner shall rent or lease his or her Lot or any Improvements thereon(or any part of either thereof), such Owner shall immediately give to the Association in writing: (i) the name of the tenant and the Lot rented or leased; (ii)the current address of such Owner; (iii)a true and complete copy of the lease or rental agreement; and (iv) the certification of the Owner that the tenant has been given a copy of this Declaration, any applicable amendments, and the Bylaws and that such 16 88 tenant has been advised of any obligations he may have thereunder as a tenant. In no event shall any lease or rental agreement release or relieve an Owner from the obligation to pay regular Assessments to the Association,regardless of whether the obligation to pay Assessments has been assumed by the tenant in such lease or rental agreement. Section 2. Dwelling Unit Size . Each Dwelling Unit shall contain not less than 1,500 square feet of heated floor area. The 1,500 square foot minimum is exclusive of the areas in vaulted ceiling areas, unheated porches of any type, attached or detached garages, porte-cocheres and unheated storage areas, decks and patios. Notwithstanding the foregoing requirement, the Architectural Review Board shall have the right (but not the obligation), because of restrictive topography, lot shape, dimensions or unusual site related conditions or other reasons, to allow variances from such minimum square footage requirements of up to ten percent(10%)of such minimum square footage requirements by granting a specific written variance. No Dwelling Unit erected upon a Lot shall contain more than three (3) stories above ground level (said ground level being the first level of any Dwelling Unit as viewed from the Roadway fronting same). Nothing herein shall be construed to prohibit the finishing of any walkup third floor in a Dwelling Unit. Notwithstanding the foregoing, the Architectural Review Board shall have the right (but not the obligation), because of steep topography, unique Lot configuration or dimensions,unusual site related conditions or other similar reasons,to allow Dwelling Unit heights greater than three (3) stories as viewed from rear and side elevations. Section 3. HVAC Equipment . No air conditioning or heating equipment or apparatus shall be installed on the ground in front of, or attached to any front wall of, any Dwelling Unit on a Lot. Additionally, air conditioning and heating equipment and apparatus shall be screened from view from Roadways by structural or landscape improvements, as more particularly provided in the Guidelines, and installation of air conditioning and heating equipment and apparatus in windows shall be prohibited. Section 4. Exterior Lighting; Tennis and Other Sport Courts . Exterior lighting on Lots shall be subject to the applicable requirements and limitations in the Guidelines. Tennis courts and sport courts may not be constructed on any Lot without the approval of the Architectural Review Board. Night lighting of tennis courts and other recreational facilities on Lots is not permitted unless approved in writing by the Architectural Review Board. Section 5. Fences and Walls . In addition to the restrictions contained elsewhere in this Declaration and except as expressly provided below, no fence or wall (including densely planted hedges, rows or similar landscape barriers) (i) shall be erected, placed, maintained or altered on any Lot nearer to any Roadway fronting such Lot than the front building corner of the main Dwelling Unit constructed on such Lot (unless otherwise approved by the Architectural Review Board) and (ii) shall not exceed six (6) feet in height, except fences enclosing approved tennis courts may be up to ten (10) feet in 17 89 height if located at least twenty-five(25)feet from all Lot boundary lines. Provided,however, and notwithstanding the foregoing, in order to accentuate certain architectural styles within the Project, the Architectural Review Board, in its sole and absolute discretion, may allow the construction and use of fencing along or near the front, side and/or rear boundary lines of certain designated Lots within the Project. All fences and walls shall be maintained in a structurally sound and attractive manner. No fence or wall shall be erected on any Lot until the Architectural Review Board has given its prior written approval of the color, size, design,materials and location for such fence or wall. The Architectural Review Board is entitled to require uniformity of fencing material, design, color and location under the Architectural, Design and Landscape Guidelines. Section 6. Mail and Newspaper Boxes; House Numbers . Each Lot Owner shall use the mailbox Kiosk located at the entrance of the neighborhood for the receiving of mail. House numbers may be displayed on the Dwelling Unit and/or at the entrance of the home's drive only as approved by the Architectural Review Board. Section 7. Animals Section 8. Signs . Except for political signs and flags of the United States or State of North Carolina, which signs and flags shall be permitted in accordance with the Planned Community Act, no sign, banner, commercial flag, billboard or advertisement of any kind, including without limitation, informational signs,"for sale"or"for rent"signs and those of contractors and subcontractors, shall be displayed on any Lot except for sign(s), banners(s), flags(s), and billboard(s) approved in advance by the Board of Directors, and by Declarant until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View Acres. Declarant shall be entitled to erect and maintain signs and billboards advertising the Property, the Project or portions of either, or for any other purpose, on any portion of the Property owned by Declarant or in the Common Areas or Maintenance Areas. If permission is granted to any Owner to erect a sign on a Lot, the Board of Directors (and Declarant, as long as Declarant owns any Lot or any portion of the Property) reserve the right to restrict the size, shape, color, lettering, height, material and location of the sign, or in the alternative, provide the Owner with a sign to be used for such purposes. No sign shall be nailed or otherwise attached to trees. Section 9. Temporary Structures; Structure Materials . No residence or building of a temporary nature, including a construction trailer, shall be erected or allowed to remain on any Lot, and no metal, fiberglass, plastic or canvas tent, barn, carport, garage,utility building, storage building or other metal, fiberglass,plastic or canvas structure shall be erected on any Lot or attached to any Dwelling Unit. Provided, however, nothing herein shall prohibit Declarant or contractors authorized by Declarant from erecting or moving temporary buildings onto Lots owned by Declarant or such authorized contractors to be used for storage, or for construction or sales offices. Section 10. Sight Line Limitations 18 90 To the extent that governmental requirements shall not impose a stricter standard,no fence,wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above Roadways shall be placed or permitted to remain on any Lot within the triangular area formed by (i) the line that runs from the point of intersection of (a) the edge of a Roadway's pavement and (b) the edge of the pavement of the driveway on such Lot for a distance of ten (10) feet along such Roadway pavement away from such driveway pavement, (ii) the line that runs from said point of intersection for a distance of ten(10) feet along such driveway pavement away from such Roadway pavement,and(iii)the straight line that connects the ending points of the lines described in the foregoing clauses (i) and (ii). No tree shall be permitted to remain within such triangular areas unless the foliage line is maintained at an appropriate height to prevent obstruction of sight lines. Section 11. Utilities . All utilities and utility connections shall be located underground, including electrical, telephone and cable television lines. Transformers, electric, gas or other meters of any type, or other apparatus shall be adequately screened as required by the Architectural Review Board in accordance with the provisions of this Declaration. Section 12. Sediment Control . Sufficient sediment control measures, including,but not limited to, installation and maintenance of silt fences, straw bale fences, storm water inlet protection and temporary seeding, to the extent deemed reasonably necessary by Declarant or the Architectural Review Board, shall be taken by the Owner or Owner's builder to ensure that all sediment resulting from any land disturbance or construction operation is retained on the Lot in question. All sediment control measures must be maintained until such Lot has been permanently stabilized with respect to soil erosion. Section 13. Building Envelope . No building or other Improvement on any Lot (including any stoops or porches, patios, decks, terraces, etc.) shall be erected or permitted to remain outside of the "Building Envelope" for that particular Lot as established by the minimum setbacks set forth on the recorded Plats of the Property. The Architectural Review Board shall have the right in its sole discretion to make exceptions to any Building Envelope to recognize any special topography, vegetation, Lot shape or dimension, or other site-related conditions. In the event any zoning or subdivision ordinance, floodway regulation or other ordinance,law or regulation applicable to a Lot shall prescribe greater setbacks, then all buildings erected during the pendency of such requirements shall conform thereto. Section 14. Waste . No Lot shall be used or maintained as a dumping ground for rubbish, trash,new or used lumber, metal scrap, discarded plant material or garbage, except that such material may be kept on the Lot or in areas of the Property designated for this purpose by the Declarant (in connection with its construction) or by the Board of Directors, provided that these materials are kept in sanitary containers in a clean and sanitary condition. Owners shall place these containers for collection only in the designated areas and only on the day these refuse materials are to be collected. Empty 19 91 containers shall be removed promptly after collection. During construction of Improvements on a Lot, all rubbish and debris shall be stored and disposed of in accordance with the rules established by the Architectural Review Board. Section 15. Combination or Subdivision of Lots . Should the Owner of a Lot own an adjacent Lot or Lots and desire that two (2) or more such Lots be considered as one Lot, then such Lots shall (except as provided herein) , upon receipt by the Owner of prior, written consent from the Architectural Review Board, be considered as one Lot for the purposes of this Article VII upon the recordation in the Office of the Register of Deeds of Chatham County, North Carolina, of an instrument by such Owner expressing such intent (such instrument to refer specifically to this section in this Declaration and to identify the Lots to be considered as one Lot for purposes of this Article VII, and a copy of such recorded instrument shall be promptly delivered by such Owner to the Architectural Review Board); and in each such case, Building Envelopes, setback lines, and easements reserved in this Declaration shall be adjusted accordingly by the Architectural Review Board. The Owner of any Lot which combines with all or a portion of a contiguous Lot shall be solely responsible for any costs which may result from such combination, including the costs of relocating any existing easements. With respect to combined Lots, such Lots shall constitute multiple Lots for purposes of payment of assessments. No Lot shall be subdivided by sale, lease or otherwise, nor combined without the prior written consent of the Architectural Review Board. Provided, however, Declarant reserves the right to change the size, boundaries or dimensions of any Lot owned by Declarant for any reason. Section 16. Restricted Activities in Common Areas and Maintenance Areas . No cutting of vegetation,dumping,digging,filling,destruction or other waste shall be committed on the Common Areas or the Landscape Easements or other Maintenance Areas,without the prior written consent of the Declarant(until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View Acres) and the Association. No land-disturbing activity,placement of impervious surface,removal of vegetation, encroachment or construction or erection of any structure shall occur on any property specifically shown and designated on any Plat as"Undisturbed Open Space"without the express written consent of the Declarant(until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View Acres),the Association and the applicable governmental authorities. There shall be no obstruction of the Common Areas or the Maintenance Areas, or of any drainage channels or facilities thereon, nor shall anything be kept or stored in the Common Areas or the Maintenance Areas, nor shall anything be altered, or constructed or planted in, or stored upon, or removed from, the Common Areas or the Maintenance Areas, without the prior written consent of the Declarant (until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View Acres) and the Association. Motor vehicles, including, but not limited to, mini-bikes, snowmobiles, and motorcycles, may not be driven on the Common Area by any Owner, or any occupant or guest of an Owner, except on paved driveways and parking areas designated by the Board of Directors. Each Owner shall be liable to the Association for any damage to any Common Area or the Maintenance Area caused by the negligence or willful misconduct of the Owner or his family, tenants, guests, agents, employees, or invitees. Provided, however, the provisions in this paragraph shall not apply to Declarant in connection with Declarant's construction activities on the Property. Except for work done by the Declarant in connection with the construction and 20 92 marketing of the Lots and the Property, nothing shall be built, caused to be built or done in or to any part of the Property which will alter or cause any alteration to the Common Areas or any Improvements located thereon without the prior written approval of the Association and the Declarant. The Declarant's approval shall be required until a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View Acres. Section 17. Unsightly or Unkempt Conditions . The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any Lot, other than in enclosed garages or out of the sightline of the common road. All garage doors in the Project shall be kept closed except when in use. Section 18. Rules of the Board . All Owners of any Lot shall abide by all rules and regulations adopted by the Board from time to time. The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and an Owner determined by judicial action to have violated said rules and regulations shall be liable to the Association for all damages and costs, including attorneys' fees. (a) No such recreational equipment shall be located in such a manner as to constitute a nuisance or unsightly condition. (b) Children's play toys and other moveable equipment of any type (such as lawn mowers, garden tools,etc.)shall not remain repeatedly overnight within any front yard of any Lot,or within the side yards of any Lot located on a Roadway corner, in such number or for such a long period of time as to create a continuing, unsightly condition, and such play toys and other moveable equipment of any type shall be stored in a Dwelling Unit or an enclosed garage or in an enclosure specifically approved for such storage by the Architectural Review Board. Section 19. Parking Storage (a) All parked vehicles,RV and campers must be parked in a way as to not be visible from the main roadway. (b) Commercial-use vehicles or trucks not involved with construction activity on the Property and having a carrying capacity and/or size designation greater than or equal to three-fourths(3/4th) ton shall not be permitted to park overnight on the Roadways, driveways or otherwise within the Property, unless stored in an enclosed garage. No vehicle of any size which transports inflammatory or explosive cargo may be kept within the Property at any time. No vehicles that are not in a condition to be normally operated or that do not have a current registration tag may be stored or situated on any Lot or on any street within the Property for more than ten(10)days unless stored in an enclosed garage. 21 93 (c) The Owner of each Lot will be responsible for providing on such Owner's Lot a sufficient paved parking area for all vehicles normally parked and/or situated on or in regard to such Lot. (d) No recreational vehicles or related equipment, including any boat, houseboat, trailer, all terrain vehicle,motor home or"camper"vehicle may be maintained, stored or kept on any portion of the Property,unless it cannot be seen from the common roadway. If visible it shall be stored in an enclosed garage or in an enclosure specifically approved for such maintenance or storage by the Architectural Review Board. (e) No construction office trailers may be placed, erected or allowed to remain on any Lots during construction, except as approved in writing by the Architectural Review Board. Provided, however, nothing herein shall prohibit Declarant from erecting or moving temporary buildings or trailers onto Lots owned by Declarant, as applicable, to be used as construction or sales offices or to be used as parking or storage areas. Other construction vehicles(trucks,vans,cars, construction equipment, equipment trailers, etc.) may be left overnight on the Property (including any Lot or Roadway) only in accordance with such rules as may be established by the Architectural Review Board. Section 20. Nuisances . It shall be the responsibility of each Owner to prevent the development of any unclean,unhealthy, unsightly, or unkempt condition on such Owner's property. No Lot shall be used, in whole or in part, for the deposit, storage or burial of any property or thing that will cause such property to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on within any Lot, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Project. There shall not be maintained on any Lot any plants or animals or device or thing of any sort whose activity or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Project. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes (or as otherwise specifically approved in advance and in writing by the Architectural Review Board), shall be located, installed or maintained upon the exterior of any Dwelling Unit or any unimproved Lot unless required by law. Section 21. Sewage Disposal . Every Lot shall be served by a wastewater collection and disposal system regulated by Orange County or the North Carolina Utilities Commission. As of the date of recordation of this Declaration, municipal sewer service is not available to the Property, and Declarant makes no representations regarding the future availability of municipal sewer service. Section 22. Wastewater Collection System Inspection and Repair Easement . If any inspection reveals that a wastewater collection system on the Property is not functioning properly, or is otherwise not in compliance with any applicable law, ordinance or regulations, the 22 94 Owner of such Lot shall notify the Association in writing and shall cause the inspector to notify the Association in writing and any other party or agency as required by law. Upon notice of a problem or noncompliance, such Owner shall be responsible for immediately repairing the wastewater collection system at such Owner's sole cost and expense and providing the Association,within thirty(30)days,with proof of such repair. The Association shall be authorized to notify any applicable governmental or regulatory agencies or officials of the malfunctioning or noncompliance of any wastewater collection system located within the Project. Declarant and the Association shall have a non-exclusive perpetual easement over all property within the Project, including Lots, benefiting Declarant and the Association for the purposes of conducting inspections of the wastewater collection systems within the Project and repairing and/or replacing a wastewater collection system if an Owner fails to repair or replace the wastewater collection system within thirty (30) days of notification from an inspector of the need to repair a wastewater collection system. The Board of Directors shall have the right to levy a Special Individual Assessment against such Lot Owner pursuant to Section 6 of Article V hereof to recover the costs and expenses incurred by the Association in maintaining,repairing or replacing the Lot Owner's wastewater collection system. The foregoing notwithstanding, neither Declarant, the Association, nor its directors, officers, agents or employees shall be responsible for damages or otherwise to anyone by reason of mistake of judgment, omission,negligence or nonfeasance arising out of the inspection services performed pursuant to this Declaration including, without limitation, any damages to any Lot or property by reason of the failure to inspect or the failure of such inspections to detect any malfunction, damage or noncompliance with law. Section 23. Clotheslines; Vegetable Gardens . Clotheslines, outdoor clothes drying and vegetable gardens are allowed. Section 24. Antennae . To the extent permitted by law and subject to the federal telecommunications act,a DBS antenna, MDS antenna or transmission-only antenna may be erected on a Lot provided it does not, in the opinion of the Architectural Review Board,create an unsightly condition. Qualified antennae must be erected on the rear of the Lot or affixed to the rear of the Dwelling Unit,unless such placement impedes reception in which event such antenna may be erected in another location on the Lot approved by the Architectural Review Board, provided that it is screened by landscaping or other material where reasonable. Section 26. Grading and Drainage. No Person shall alter the grading of any Lot without prior approval pursuant to Article VIII of this Declaration. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Person other than Declarant may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains. The Declarant (until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View Acres) and the Association shall have a perpetual easement across the Property for the purpose of altering drainage and water flow. However, the exercise of such an easement shall not materially 23 95 diminish the value of or unreasonably interfere with the use of any Lot without the Owner's consent. Section 27. Removal of Plants and Trees. No trees or shrubs, except for those which are dead or create a safety hazard, shall be removed without approval from the Architectural Review Board in accordance with Article VIII of this Declaration; provided, however, no removal of plants or trees shall occur on any property specifically shown and designated on any Plat as "Undisturbed Open Space"without the express written consent of the Declarant(until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot within Eden View Acres),the Association and the applicable governmental authorities. In the event of an intentional or unintentional violation of this Section, the violator may be required by the Architectural Review Board to replace the removed trees or shrubs with one (1) or more comparable trees or shrubs of such size and number and in such locations as the Architectural Review Board may determine necessary, in its sole discretion, to mitigate the damage. Section 28. Wetlands,Lakes, and Other Water Bodies. All wetlands, lakes,ponds, and streams within the Property, shall be water management areas only subject to fluctuations in water levels, and no other use thereof, including without limitation fishing, swimming, boating, playing, or use of personal flotation devices, shall be permitted without the prior approval of the Board. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of lakes, ponds, or streams within the Property. No structures shall be constructed on or over any body of water within the Property, except such as may be constructed by the Declarant or the Association. No Person shall dump grass clippings, leaves or other debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, stream, pond, or lake, or elsewhere within the Property, except that fertilizers may be applied to landscaping on Lots and Common Areas and other portions of the Property provided care is taken to minimize runoff. Section 29. Yard Art, Exterior Sculpture, Above-Ground Pools, and Similar Items. No yard art, exterior sculpture, above-ground pools,lawn furniture,fountains,birdhouses,birdbaths, other decorative embellishments, or similar items shall be permitted unless approved by the Architectural Review Board in accordance with Article VIII of this Declaration, except for any such item installed by Declarant. Section 30. Underground Storage Tanks; Hazardous Substances. No potentially hazardous or toxic materials or substances shall be used or stored on any Lot other than normal household,lawn, pool, and garden products which shall be used by Owner in a manner not to permit spills or runoff of such materials onto the Lot, adjacent Lots or property, wetlands areas, ponds or buffers. No activity shall be allowed which violates local, state or federal laws or regulations; provided however,the Board shall have no obligation to take enforcement action in the event of a violation. Section 25. Section 31. Diligent Construction . All construction, landscaping or other work which has been commenced on any Lot must be continued with reasonable diligence to completion and no partially completed Dwelling Units or other Improvements shall be permitted to exist on any Lot, except during such reasonable time period as is necessary for completion. All construction must be completed within one (2) years 24 96 after the date upon which it commenced, unless a longer time is approved by the Architectural Review Board. Any damage to the Roadways, curbs or sidewalks or any part of any Common Area, Maintenance Area or any utility system caused by an Owner or Owner's builder or such builder's subcontractors shall be repaired by such responsible Owner. Any builder of Improvements and such builder's subcontractors on any portion of the Property shall keep such portion of the Property free of unsightly construction debris, in accordance with the construction rules established by the Architectural Review Board(or,in the absence of such rules,in accordance with standard construction practices), and shall similarly keep contiguous public and private areas free from any dirt, mud, garbage, trash, or other debris which is occasioned by construction of Improvements. The Board may levy a Special Individual Assessment against an Owner's property in the Project to pay for the cost of repairing any damage to Roadways, curbs or sidewalks or any part of any Roadway, Common Area, Maintenance Area or utility system, to pay for the cost of cleaning public and private areas, including the Roadways in the Project, and to pay for the cost of the removal of garbage,trash or other debris,which are occasioned by the activities of an Owner or Owner's builder or such builder's subcontractors during the construction of Improvements. Section 26. Section 32. Governmental Requirements . Nothing herein contained shall be deemed to constitute a waiver of any governmental requirements applicable to any Lot and all applicable governmental requirements or restrictions relative to the construction of Improvements on and/or use and utilization of any Lot shall continue to be applicable and shall be complied with in regard to the Lots. Each Owner shall comply with all laws, regulations, ordinances and other governmental rules and restrictions in regard to the Lot(s) or other portion of the Property owned by such Owner (including, without limitation, applicable zoning and watershed laws, rules, regulations and ordinances). Section 27. Section 33. Occupants Bound . All provisions of this Declaration, any Additional or Supplemental Declaration and the Bylaws and any and all rules and regulations, use restrictions or Guidelines promulgated pursuant hereto or thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants even though Occupants are not specifically mentioned. Section 28. Section 34. Applicability to Declarant and Builders . The provisions of this Article are intended to restrict certain uses that may be harmful or affect the ambience or aesthetic appeal of the Property. The restrictions are not intended to prohibit Declarant from performing such work as may be necessary in the completion of the work in the Property. The restrictions of this Article shall therefore not be binding upon Declarant in the performance of any of the work required in order to complete the development and construction of and within the Property. Furthermore, Declarant shall have the right, in its sole and absolute discretion, to exempt any Person purchasing a Lot from Declarant for the purpose of constructing a residence thereon for resale to a third party (such Person being hereinafter referred to as a "Builder") from any one or more of the provisions hereof during the period during which such Builder is constructing a residence thereon until such residence is sold by such Builder to a third party; and Declarant may furthermore grant to any such Builder,in Declarant's sole discretion,the 25 97 right to exercise any one or more of the rights, easements and privileges reserved to Declarant under the terms hereof. Article VIII ARCHITECTURAL AND LANDSCAPING CONTROL General Notwithstanding anything contained in this Declaration to the contrary, no Improvements, including, without limitation, site preparation on any Lot, change in grade or slope of any Lot, or erection of buildings or exterior additions or alterations to any building situated upon the Property, erection of or changes or additions in fences, hedges, walls and other structures, any landscaping, or any cutting of trees on any Lot, shall be commenced, erected or maintained on any portion of the Property until: (a) the Architectural Review Board, appointed as hereinafter provided, has approved the plans, specifications and materials therefor and the location of such Improvements and has given its written approval for commencement of construction, all in accordance with the terms and requirements in the Architectural, Design and Landscape Guidelines; (b) the fees set forth in or contemplated in this Article VIII have been paid; and(c)the contracts identified in this Article VIII have been executed. In addition to any standards established pursuant to this Declaration, Declarant may establish, by Additional Declarations, architectural and landscaping control standards, guidelines and restrictions in regard to various Phases or sections of the Property. The provisions of this Article VIII shall not apply to the construction of any Improvements commenced, erected or maintained by Declarant on any Lot or upon any of the Common Areas or Maintenance Areas. The Board may delegate to the Architectural Review Board any powers or authority reserved or granted to the Board under this Article VIII. Section 1. Composition of Architectural Review Board . Until such time as a Certificate of Occupancy is issued for a residence on every recorded Lot in Eden View Acres the members of the Architectural Review Board shall be appointed by Declarant. At such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot in Eden View Acres or at such earlier date as Declarant releases its right to appoint the members of the Architectural Review Board,the members of the Architectural Review Board shall thereafter be appointed by the Board. During the period that the Declarant appoints the members of the Architectural Review Board, the length of terms and number of members of the Architectural Review Board shall be determined by the Declarant in its sole discretion. Once the Board begins to appoint the members of the Architectural Review Board, the members of the Architectural Review Board shall be appointed annually, and the Architectural Review Board will be composed of at least three (3) and not more than seven (7) individuals, the exact number of members of the Architectural Review Board to be designated from time to time by the Board. The members of the Architectural Review Board need not be Owners of property in the Project. In the event of the death or resignation of any member of the Architectural Review Board, the party or body then having the authority to appoint members to the Architectural Review Board shall have full authority to designate and appoint a successor. Members of the Architectural Review Board may 26 98 be removed and replaced at any time,with or without cause, and without prior notice,by the party or body then having the authority to appoint such members. Notwithstanding anything contained herein to the contrary,the Architectural Review Board shall have the right,power and authority to employ and/or use the services of any architects, engineers, attorneys or other professionals as it deems necessary or advisable, in its sole discretion, to carry out the duties and obligations of the Architectural Review Board as described in this Article VIII. Section 2. Architectural and Design and Landscape Guidelines (a) The Architectural Review Board shall, from time to time, publish and promulgate the Architectural, Design and Landscape Guidelines. The Guidelines shall be explanatory and illustrative of the general intent of the development of the Property and are intended as a guide to assist the Architectural Review Board in reviewing plans and specifications for Improvements (including landscaping). The Guidelines shall also set out, among other things,the procedures for submission, review and approval of plans and specifications to the Architectural Review Board and the fees to be imposed by the Architectural Review Board, as more specifically described in Article VIII, Section 7 hereof. In any event, the Guidelines may be revised and amended at any time by the Architectural Review Board, in its sole discretion (provided, however, after the Turnover Date, the Guidelines shall not be revised or amended to allow less restrictive standards than those in effect on the Turnover Date), and shall not constitute, in every event, the sole basis for approval or disapproval of plans, specifications and other materials (for the construction of non-landscape Improvements) submitted to the Architectural Review Board for approval. (b) The portions of the Guidelines addressing landscaping Improvements may establish approved standards, methods and procedures for landscaping, landscape management and landscape maintenance in the Property, including the removal of trees. Such authorized standards, methods and procedures shall be utilized by Owners and their contractors and subcontractors, and the approval by the Architectural Review Board of any landscaping plan or other landscaping improvement in connection with landscaping on a Lot or other portion of the Property shall be based upon the conformity of such plan or improvement with the Guidelines. (c) The Architectural Review Board is also hereby authorized to publish and promulgate from time to time, and revise and amend at any time in its sole discretion, construction rules to be followed by all Owners and builders performing work or constructing or installing Improvements (including landscape Improvements) on the Property. (d) The Architectural Review Board may issue and amend the Guidelines from time to time and may publish and promulgate different Guidelines for different Phases, sections or portions of the Property. Section 3. Definition of"Improvements" . The term "Improvement" or "Improvements" shall mean and include any and all man-made changes or additions to a Lot, including,but not limited to,the location,materials, size and design of all buildings (including any exterior devices attached to or separate from buildings, such as heating and air conditioning equipment, solar heating devices, antennae, satellite dishes, etc.); 27 99 storage sheds or areas;roofed structures;parking areas; fences; "invisible"pet fencing;pet"runs," lines and similar tethers or enclosures; walls; irrigation equipment, apparatus and systems; landscaping (including cutting or removal of trees); hedges; mass plantings; poles; driveways; ponds; lakes; changes in grade, slope or drainage patterns; site preparation; swimming pools; hot tubs;jacuzzis; tennis courts; tree houses; basketball goals; skateboard ramps; and other sports or play apparatus; signs; exterior illumination; and changes in any exterior color or shape. The definition of Improvements includes both original Improvements and all later changes to Improvements. The definition of Improvements, however, does not include the replacement or repair of Improvements previously approved by the Architectural Review Board, provided such replacement or repair does not change exterior colors,materials,designs or appearances from those which were previously approved by the Architectural Review Board. Section 4. Enforcement (a) It is Declarant's intent that the architectural control provisions of this Declaration and any Additional Declarations are to permit control of the architectural design and landscaping and to establish quality standards for construction and construction activity in the Project and to help preserve values of properties in the Project. All Owners, by purchasing property subject to this Declaration, acknowledge that a violation of any such provisions could result in irreparable harm and damage to other Owners of property in the Project and to Declarant, and to the values of their respective properties in the Project, a monetary measure of which harm and damage would be difficult to establish. Accordingly, the Association shall have the specific right (but not the obligation) to enforce and/or to prevent any violation of the provisions contained in this Article VIII by a proceeding at law or in equity against the person or persons violating or attempting to violate any such provisions. Declarant hereby specifically reserves and grants unto the Architectural Review Board, the Board and any agent or member thereof, the right of entry and inspection upon any portion of the Property for the purpose of determination by the Architectural Review Board or the Board whether there exists any construction of any Improvement which violates the terms of any approval by the Architectural Review Board,the terms of the Guidelines, the terms of this Declaration or any Additional Declaration,or the terms of any amendments hereto or thereto. (b) As to nonconforming or unapproved Improvements, the Association may require any Owner to restore such Owner's Improvements to the condition existing prior to the construction thereof (including, without limitation, the demolition and removal of any unapproved Improvements) if such Improvements were commenced or constructed in violation of this Article. In addition, the Association may, but has no obligation to, cause such restoration, demolition and removal to be performed and to levy the amount of the cost thereof as a Special Individual Assessment against the Lot or portion of the Property upon which such Improvements were commenced or constructed. In the event that it becomes necessary to resort to litigation to determine the propriety of any constructed Improvement,to remove any unapproved Improvement or otherwise to remedy a violation of the Guidelines, the Association shall be entitled to recover court costs, attorneys' fees and expenses incurred by the Association and/or the Architectural Review Board in connection therewith, which costs, fees and expenses may be levied as a Special 28 100 Individual Assessment against the Lot or other portion of the Property upon which such Improvement was commenced or constructed. Section 5. Failure of the Architectural Review Board to Act . The Architectural Review Board shall approve or disapprove any plans and specifications and other submittals or reject them as being inadequate or unacceptable within forty-five(45)business days after receipt thereof. If the Architectural Review Board fails to approve or disapprove any plans and specifications and other submittals or to reject them as being inadequate or unacceptable within forty-five(45)business days after receipt thereof, it shall be conclusively presumed that the Architectural Review Board has disapproved such plans and specifications and other submittals. If plans and specifications or other submittals are not sufficiently complete or are otherwise inadequate, the Architectural Review Board may reject them as being inadequate or may approve or disapprove part, conditionally or unconditionally, and reject or approve the balance. The Architectural Review Board is authorized to request the submission of samples of proposed construction materials. Section 6. Variances . Upon submission of a written request for a variance, which request shall set forth, among other things, the extraordinary circumstances applicable to a Lot giving rise to the need for a variance, the Architectural Review Board may, from time to time, in its sole discretion, permit Owners to construct, erect or install Improvements which are at variance with restrictions, requirements or provisions of this Declaration or any Additional Declaration from which a variance is permitted, pursuant to the terms hereof or thereof. In any case, however, the Architectural Review Board may grant a variance only due to the existence of extraordinary circumstances applicable to a Lot, which extraordinary circumstance (i) has not been caused by the Owner of such Lot and (ii) materially impairs the ability of an Owner to construct a Dwelling Unit on such Owner's Lot. Any variance granted shall be in basic conformity with and shall blend effectively with the general architectural style and design of the community and shall not materially change the scheme of restrictions herein set forth. Written requests for variances shall be deemed to be disapproved in the event the Architectural Review Board has not expressly and in writing approved such request within thirty(30)business days of the submission of such request. No member of the Architectural Review Board shall be liable to any Owner for any claims, causes of action, or damages arising out of the grant or denial of any variance to any Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a variance to any Owner shall not constitute a waiver of the Architectural Review Board's right to strictly enforce the covenants,restrictions and architectural standards provided hereunder or under any Additional Declaration against any other Owner. If a variance is granted,the Owner receiving such variance shall comply with the more restrictive of the terms of the variance or applicable local, state or federal laws (including,without limitation, local zoning and development laws), and the granting of a variance shall not relieve any Owner from the obligation of complying with such laws. Section 7. Fees Required by the Architectural Review Board 29 101 The Architectural Review Board, in its sole discretion, may require that each Person submitting plans and specifications for Improvements to the Architectural Review Board pay one or more fees to the Architectural Review Board or to Declarant as a condition to commencement of construction of such Improvements. Such fees,including the amounts,payee and purposes thereof, shall be established by, and may be changed from time to time by,the Architectural Review Board and shall be set forth in the Guidelines. Section 8. Notices and Submittals . Notices and submittals to the Architectural Review Board shall be in accordance with the notice provisions set forth from time to time in the Guidelines. Section 9. Limitation of Liability . No member of the Architectural Review Board shall be liable for claims, causes of action or damages (except where occasioned by willful misconduct of such member) arising out of services performed pursuant to this Article VIII. Neither the Architectural Review Board nor the members thereof, nor the Association, nor Declarant, nor any officers, directors, members, managers, employees, agents or affiliates of any of them, shall be liable for damages or otherwise to anyone submitting plans and specifications and other submittals for approval or to any Owner by reason of mistake of judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval of, or the failure to approve or disapprove of, any plans and specifications. The approval of plans and specifications by the Architectural Review Board shall not be deemed or construed as a representation or warranty of the Architectural Review Board, Declarant, or any officer, director, member, manager, employee, agent or affiliate of any of them, (i) that Improvements constructed in accordance with such plans and specifications will comply with applicable zoning ordinances,building codes, or other governmental or quasi-governmental laws, ordinances, rules and regulations or (ii) as to the structural soundness, quality, durability, suitability, fitness or proper functioning of Improvements constructed in accordance with such plans and specifications; and any responsibility or liability therefor is hereby disclaimed. Every person who submits plans and specifications, and every Owner, agrees that he will not bring any action or suit against Declarant, the Association, the Architectural Review Board, the Board, or the officers, directors, members, managers, employees, agents or affiliates of any of them, to recover any such damages and hereby releases, demises, and quitclaims all claims, demands and causes of action arising out of or in connection with any judgment,negligence or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands and causes of action not known at the time the release is given. Declarant shall be the sole party responsible for the performance of Declarant's obligations under this Declaration, and no other person, firm or entity, including, without limitation, any entity affiliated with Declarant, shall have any obligation or liability for Declarant's obligations under this Declaration. Section 10. Miscellaneous . Members of the Architectural Review Board may or may not be compensated for their services; provided, however, the Association shall reimburse members of the Architectural Review Board for reasonable out-of-pocket expenses associated with their activities hereunder. All costs, expenses and attorneys' fees of the Architectural Review Board, including those incurred in 30 102 connection with the exercise of their enforcement or other powers as provided herein, shall be borne by the Association; provided, however, nothing herein shall be deemed to negate the Association's right to an award of court costs, attorneys' fees and expenses in accordance with this Article VIII. Article IX INSURANCE;REPAIR AND RESTORATION; CONDEMNATION Section 1. Board of Directors . The Board of Directors shall cause to be obtained and maintained at all times insurance of the type and kind and in no less than the amounts set forth below: (a) Fire. All Improvements and all fixtures and personal property included in the Common Areas and Maintenance Areas and all personal property and supplies belonging to the Association shall be insured in an amount equal to the current replacement cost(exclusive of land, foundation, excavation and other normally excluded items) as determined annually by the Board with the assistance of the insurance company providing coverage. The Board shall, at least annually, review the insurance coverage required herein and determine the current replacement cost of such improvements and fixtures and personal property and supplies. Such coverage shall provide protection against loss or damage by fire or other hazards covered by a standard extended coverage endorsement, windstorm and water damage, vandalism and malicious damage and all perils covered by a standard"all risk" endorsement. In addition to the provisions and endorsements set forth in Article IX, Section 3 and Section 4, the fire and casualty insurance described herein shall contain the following provisions: (i) standard"Agreed Amount" and"Inflation Guard" endorsements; (ii) construction code endorsements if the Common Area becomes subject to a construction code provision which would require changes to undamaged portions of any building thereby imposing significant costs in the event of partial destruction of such building by an insured peril; (iii) a waiver of subrogation by the insurer as to any claims against the Association, any officer, director, agent or employee of the Association, the Owners and their employees, agents, tenants and invitees; and (iv) a provision that the coverage will not be prejudiced by act or neglect of one or more Owners when said act or neglect is not within the control of the Association or by any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. The fire and casualty insurance policy shall not contain(and the insurance shall not be placed with companies whose charters or bylaws contain) provisions whereby: (1) contributions or assessments may be made against the Association or the Owners; (2) loss payments are contingent upon action by the carrier's directors,policy holders or members; and(3)there are limiting clauses (other than insurance conditions) which could prevent the Association from collecting the proceeds. 31 103 (b) Public Liability. The Board shall also be required to cause to be obtained and maintained, to the extent obtainable, public liability insurance and officer's and director's liability insurance in such limits as the Board may, from time to time, determine to be customary for projects similar in construction, location and use as the Project, covering each member of the Board,the managing agent, if any, and each Owner with respect to his liability arising out of the ownership, maintenance, or repair of the Common Areas and Maintenance Areas, or from service on the Board; provided, however, in no event shall the amounts of such public liability insurance ever be less than $1,000,000 per occurrence against liability for bodily injury, including death resulting therefrom, and damage to property, including loss of use thereof, occurring upon, in or about, or arising from or relating to, the Property or any portion thereof, nor shall the amount of such officer's and director's insurance be less than $1,000,000 unless such coverage is determined by the Board to be unreasonably expensive. Such insurance shall include endorsements covering cross liability claims of one insured against another, including the liability of the Owners as a group to a single Owner. The Board shall review such limits annually. Until the first meeting of the Board following the initial meeting of the Association Members,such public liability insurance shall be in amounts of not less than $1,000,000 per occurrence for claims for bodily injury and property damage and such officer's and director's liability insurance shall be in amounts not less than$1,000,000. (c) Fideli . Coverage. The Board shall also be required to cause to be obtained and maintained fidelity coverage against dishonest acts on the part of all persons, whether officers, directors, trustees, employees, agents or independent contractors, responsible for handling funds belonging to or administered by the Association. The fidelity insurance policy shall be written in an amount sufficient to provide protection which is in no event less than one and one-half times the Association's estimated annual operating expenses and reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers. (d) Other. Such other insurance coverages, including flood insurance and worker's compensation, as the Board shall determine from time to time desirable. Section 2. Premium Expense . Premiums upon insurance policies purchased by the Board shall be paid by the Board and charged as a common expense to be collected from the Owners pursuant to the terms of this Declaration. Section 3. Special Endorsements . The Board shall make diligent efforts to secure insurance policies that will provide for the following: (a) recognition of any insurance trust agreement entered into by the Association; (b) coverage that may not be cancelled or substantially modified (including cancellation for nonpayment of premium)without at least thirty(3 0)days'prior written notice to the named insured and any insurance trustee; and 32 104 (c) coverage that cannot be cancelled, invalidated or suspended on account of the conduct of any officer,director or employee of the Association without prior demand in writing that the Board cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured by the Association or any Owner. Section 4. General Guidelines . All insurance policies purchased by the Board shall name Declarant as an additional insured and be with a company or companies licensed to do business in the State of North Carolina and holding a rating of "A VIII" or better by the current issue of Best's Insurance Reports. All insurance policies shall be written for the benefit of the Association and shall be issued in the name of and provide that all proceeds thereof shall be payable to the Association. Notwithstanding any of the foregoing provisions and requirements relating to insurance,there may be named as an insured, on behalf of the Association, the Association's authorized representative, who shall have exclusive authority to negotiate losses under any policy providing such insurance. Section 5. Insurance Proceeds . Subject to any limitations imposed by any applicable financing documents,the Association shall use the net proceeds of casualty insurance carried by it to repair and/or replace any damage or destruction of property, real or personal, covered by such insurance. Any balance from the proceeds of casualty insurance paid to the Association remaining after satisfactory completion of repair and replacement shall be retained by the Association as part of the general reserve fund for repair and replacement of the Common Areas and/or Maintenance Areas. Section 6. Insufficient Proceeds . If the insurance proceeds received by the Association are insufficient to reimburse the Association for, or to repair and/or replace, any damage or destruction to person or property covered by such insurance,the Board may levy a Special Assessment against the Owners to cover the deficiency. Section 7. Owner's Personal Property . Neither the Association nor Declarant shall be liable in any manner for the safekeeping or condition of any personal property belonging to or used by any Owner or his family,tenants,guests or invitees, located on or used at the Common Areas. Further, neither the Association nor Declarant shall be responsible or liable for any damage or loss to or of any personal property of any Owner, his family, tenants, guests or invitees located on or used at the Common Areas. Each Owner shall be solely responsible for all personal property and for any damage thereto or loss thereof, and shall be responsible for the purchase of, at such Owner's sole cost and expense, any casualty, liability or other insurance for damage to or loss of such property. Section 8. No Obligation to Insure Owners' Property . By virtue of taking title to a Lot within the Project, each Owner acknowledges that neither the Association nor Declarant has any obligation to provide any insurance for any portion of such Lot or any Dwelling Unit or other property located thereon. 33 105 Section 9. Securi . The Association may, in its sole discretion,but shall not be obligated to,provide certain security and fire protection measures, and maintain or support certain other activities within the Project designed to make the Project safer than it might otherwise be. Provided, however, should the Association provide, maintain or support any such measures or activities, then neither the Association, Declarant, nor any successor of Declarant shall in any way be considered insurers or guarantors of security or fire protection within the Project, and neither the Association, Declarant nor any successor of Declarant shall be held liable for any loss or damage by reason or failure to provide or take any security or fire protection measures or for the ineffectiveness of any such measures undertaken. Each Owner and Occupant of any Lot or Dwelling Unit and each tenant, guest and invitee thereof acknowledges and understands that neither the Association, Declarant nor any successor of Declarant are insurers, and each such Owner, and Occupant of a Lot or Dwelling Unit and their tenants, guests and invitees hereby assume all risks for loss or damage to persons,property or contents belonging to any such persons. Section 10. Condemnation . Whenever all or part of the Common Areas shall be taken or condemned by any authority having the power of eminent domain, all compensation and damages for and on account of such taking shall be paid to the Association. The Association, acting through the Board, shall have the right to negotiate and litigate the issues with respect to taking and compensation affecting the Common Areas,without limitation on the right of the Owners to represent their own interests. Each Owner, by his acceptance of a deed to a Lot or other portion of the Property, hereby appoints the Association as his attorney-in-fact to negotiate, litigate or settle on his behalf all claims arising from the condemnation of the Common Areas. All compensation and damages paid to the Association on account of such a taking shall be used to restore the Common Areas,provided such restoration is possible, with the excess, if any, to be retained by the Association and applied to future operating expenses by the Board,in its sole discretion. Nothing herein is to prevent Owners whose Lots or other property are specifically affected by the taking or condemnation from joining in the condemnation proceedings and petitioning on their own behalf for consequential damages relating to loss of value of the affected Lots or other property, or Improvements, fixtures or personal property thereon, exclusive of damages relating to the Common Areas. In the event that the condemnation award does not allocate consequential damages to specific Owners, but by its terms includes an award for reduction in value of Common Areas, Lots or other property without such allocation, the award shall be divided between affected Owners and the Association, as their interests may appear, by the Board in its sole discretion. Article X EASEMENTS AND OTHER RIGHTS Declarant and the Association and their successors and assigns, in addition to any other easements granted or reserved herein, shall have the following non-exclusive easements on, upon, over, across,through and under the Property. In addition,Declarant and its successors and assigns, shall have the right,on behalf of itself and the Association,to grant additional easements on,upon,over, across,through and under the Common Areas and any portion of the Property owned by Declarant 34 106 as Declarant deems to be in the best interests of and proper for the Project, including, but not limited to, easements in favor of Declarant, the Association, the Owners, and all their family members, guests, invitees and tenants and to various governmental and quasi-governmental authorities and agencies and private concerns for the purposes and uses hereinafter specified. Section 1. Easements and Cross-Easements on Common Areas . Declarant, its designees and the Association, shall have the right to impose upon the Common Areas henceforth and from time to time such easements and cross-easements for ingress and egress, installation, maintenance, construction and repair of utilities and facilities including, but not limited to, electric power, telephone, cable television, master antenna transmission, surveillance services, governmental and quasi-governmental purposes, sewer, water, gas, drainage,irrigation, storm water management,lighting,television transmission,garbage and waste removal, emergency services, pedestrian walking trails or paths and the like as it deems to be in the best interests of, and necessary and proper for, the Project or any portion thereof. Section 2. Use of Common Areas . Subject to any limitation or restriction set forth in this Declaration, Declarant declares that the Common Areas are subject to a perpetual nonexclusive easement in favor of Declarant, the Association and their designees, the Owners and all their family members, guests, invitees and tenants,and appropriate governmental and quasi-governmental agencies to use the Common Areas for all proper and normal purposes including,but not limited to, ingress, egress and access for the furnishing of services and utilities and for such use of the facilities as the same are reasonably intended in accordance with the terms of this Declaration and any Additional Declaration. If ingress or egress to any Lot or other portion of the Property is through any Common Area, any conveyance or encumbrance of such area is subject to this easement. Any portions of the Common Areas on which graves or cemeteries are located are subject the rights of others, if any,to maintain and visit such graves or cemeteries as may be provided by applicable laws or regulations. Section 3. Right-of-Way Over Roadways . Declarant is hereby granted, for the benefit of itself, its agents, employees, lessees, invitees, designees, successors and assigns, and grants to the Association, its agents, employees, tenants, invitees, designees, successors and assigns, and to each Owner of a Lot, their family members, tenants, guests, invitees, successors and assigns, and to each Occupant of a Lot and to all governmental and quasi-governmental agencies and service entities having jurisdiction over the Property while engaged in their respective functions, a perpetual non-exclusive easement, license, right and privilege of passage and use, both pedestrian and vehicular, over and across the Roadways for the purpose of providing access, ingress and egress to and from, through and between the Property and for the purpose of furnishing services and utilities and for the use of such facilities as the same are reasonably intended in accordance with the terms of this Declaration. Section 4. Right of the Association and Declarant to Enter Upon the Common Areas and Maintenance Areas . Declarant hereby reserves for the benefit of itself, its successors in interest and assigns, and grants to the Association and all agents, employees or other designees of the Association an 35 107 easement for ingress, egress and access to enter upon or over the Common Areas and Maintenance Areas for the purposes of inspecting any construction,proposed construction, or Improvements or fulfilling the rights, duties and responsibilities of ownership, administration, maintenance and repair of Declarant or the Association, as applicable. Such easement includes an easement in favor of the Association and Declarant to enter upon the Common Areas and Maintenance Areas now or hereafter created to use, repair, maintain and replace the same for the purposes for which they are initially designated or for such purposes as they are hereafter redesignated or as Declarant otherwise determines them to be reasonably suited. Notwithstanding the foregoing, nothing contained herein shall be interpreted as imposing any obligation upon the Association or Declarant to maintain, repair, or construct Improvements which an Owner is required to maintain, construct or repair. Section 5. Easement for Encroachments . Declarant hereby reserves, for the benefit of itself, its successors in interest and assigns, and grants to the Association, the Owners, their successors and assigns, and to the Occupants of Lots, easements for encroachments, to the extent necessary, in the event any portion of the Improvements located on any portion of the Property now or hereafter encroaches upon any of the remaining portions of the Property as a result of minor inaccuracies in survey, construction or reconstruction,or due to settlement or movement. Any easement(s)for encroachment shall include an easement(s) for the maintenance and use of the encroaching Improvements in favor of Declarant, the Association, the Owners and all of their designees. Section 6. Maintenance Areas . Declarant hereby reserves, for the benefit of itself, its successors in interest and assigns, and grants to the Association, their successors and assigns, the following nonexclusive perpetual easements over certain areas of the Property as hereinafter described for the purposes hereinafter described: (1) Easements for the purposes of landscaping and maintaining entryways and erecting and maintaining entrance monument(s) for the Project, over, across and under those portions of the Property shown and designated as"Monument Easement"or other similar designation on the Plats and over, across and under those portions of property outside of the Property for which Declarant or the Association has secured monument signage and landscaping easements (herein referred to as the "Entrance Monument Signage and Landscaping Easements"). Declarant and/or the Association shall have the right to landscape and maintain the areas of the Property so designated as entryways to the Project,to erect and maintain entrance monument(s)thereon bearing the name of the Project, and to erect and maintain lighting for such monument(s), plantings, landscaping, irrigation systems and other improvements typically used for entryways. (2) Easements for the installation, maintenance, repair and removal of landscaping and landscaping amenities,including signage,lighting,monuments and irrigation systems,over,across and under those portions of the Property shown and designated as"Landscape Easements"or other similar designation on the Plats (herein referred to as "Landscape Easements"). 36 108 (3) Easements for the installation, maintenance, repair and removal of sidewalks, if any, over, across and under those portions of the Property shown and designated as "Sidewalk Easements" or other similar designation on the Plat(herein referred to as the "Sidewalk Easements"). (4) Easements for the installation,maintenance,repair and removal of storm drainage facilities within the areas shown as "Stormwater BMP Easement," "S.D.E.... "Storm Drainage Easement," or other similar designation on the Plats. (5) Easements for the installation, maintenance, repair and removal of pedestrian trails and walking paths within areas designated as such on the Plats. All of the above-described areas and items shall herein be referred to as the "Maintenance Areas." The Association shall maintain the Maintenance Areas to a consistent standard of maintenance typical of a first-class development. Notwithstanding the foregoing, the Association shall not be obligated to maintain the Maintenance Areas that are located on the Lots. The Association shall have the right, but not the obligation, to enter onto and maintain the Maintenance Areas that are located on the Lots. Each Owner shall be obligated to maintain all portions of any Maintenance Area located upon his or her Lot to the extent the Association does not maintain it. Section 7. Utility and Drainage Easements . The Property shall be subject to all easements and rights-of-way for utilities and drainage shown on the Plats, including, but not limited to, those certain easements shown and designated on the Plats as: (a) "Utility Easement'; and (b) "Stormwater BMP Easement' or "Public Storm Drainage Easement' or "Drainage Easement' or"S.D.E." Such easements are hereby established for the use of Declarant, its successors and assigns, and are hereby established for the use of the Association, its successors and assigns, and include, without limitation, storm drainage easements of variable width,whether or not depicted on a Plat, over the entire area within all ditches along any Roadway. Additionally, Declarant hereby reserves, for the benefit of itself, its successors and assigns, and grants to the Declarant and the Association, its successors and assigns, a non-exclusive easement and right-of-way over,under and along the Maintenance Areas for the installation and maintenance of lines, conduits, pipes and other equipment necessary for furnishing electric power, gas, telephone service, cable service, water, irrigation, septic system, sanitary sewer and drainage facilities,storm drainage and/or other utilities. Within the above-described easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation of utilities or which may change the direction or flow of drainage channels in the easements. This establishment of easements shall not prohibit the construction of driveways, at locations approved by the Architectural Review Board, over such easements. Section 8. Utility Easement on Lots 37 109 Additionally, Declarant hereby reserves, for the benefit of itself, its successors and assigns, and grants to the Declarant and the Association, its successors and assigns, a non-exclusive easement and right-of-way over, under and along the first ten feet from the edge of the Roadways right of way on each Lot for the installation and maintenance of lines, conduits,pipes and other equipment necessary for furnishing electric power, gas, telephone service, cable service, water, irrigation, septic system, sanitary sewer and drainage facilities, storm drainage and/or other utilities. Within the above-described easements no structure,planting or other material shall be placed or permitted to remain which may damage or interfere with the installation of utilities or which may change the direction or flow of drainage channels in the easements. This establishment of easements shall not prohibit the construction of driveways, at locations approved by the Architectural Review Board, over such easements. Section 9. Declarant's Right to Assign Easements; Maintenance of Easement Areas . Declarant shall have the right to assign and convey, in whole or in part, the easements created hereunder. The areas burdened by the easements and rights-of-way established in favor of Declarant on each Lot or other portion of the Property pursuant hereto, including any Improvements in such areas, which are not to be maintained by the Association or a public authority or utility, shall be maintained continuously by each Owner of such Lot or other portion of the Property,but no structures,plantings or other material shall be placed or permitted to remain upon such areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion problems. Notwithstanding the above, the Association and Declarant shall have the right, but not the obligation, to maintain the landscaping in the easement areas on any Lot. Section 10. Easement Created for the Association and Declarant . Full rights of access, ingress and egress are hereby granted to Declarant for itself and the Association at all times over and upon any Lot or other portion of the Property for the exercise of the easement rights described in this Article X and for the carrying out by Declarant or the Association of the rights, functions, duties and obligations of each hereunder; provided, that any such entry by Declarant or the Association upon any Lot or portion of the Property shall be made with the minimum inconvenience to the Owner of such property as is reasonably practical, and any damage caused as a result of the gross negligence or intentional malfeasance of Declarant,the Association or their employees or agents shall be repaired by Declarant or the Association, as the case may be, at the expense of Declarant or the Association, as the case may be. Section 11. Additional Easements . Declarant shall have the right to grant over, under, across and upon any portion of the Property owned by Declarant, and the Board shall have the authority, in its sole discretion, to grant over, under, across and upon the Common Areas, such easements, rights-of-way, licenses and other rights in accordance with or to supplement the provisions of this Declaration or as may otherwise be desirable for the development of the Project,by the execution,without further authorization, of such grants of easement or other instruments as may from time to time be necessary or desirable. Such easements may be for the use and benefit of persons who are not Association Members or 38 110 Owners. After such time as the members of the Board are no longer appointed by Declarant, the Board shall cooperate with Declarant and execute such grants of easements over the Common Areas as may be desirable to Declarant for the development of the Project and the preservation and enhancement of Declarant's interest therein. Section 12. No Merger of Easements . The easements hereby established shall not be terminated by merger or otherwise, except upon execution and recordation of an instrument specifically terminating any such easement. Article XI GENERAL PROVISIONS Section 1. Duty of Maintenance . Except for those portions, if any, of a Lot which the Association may elect to maintain or repair hereunder, the Owner of any Lot shall have the duty and responsibility, at such Owner's sole cost and expense, to keep the Lot owned by such Owner, including Improvements thereon and ground and drainage easements or other rights-of-way incident thereto, in compliance with the covenants, conditions, restrictions and development standards contained in this Declaration (to the extent applicable), and in any applicable Additional Declaration,in accordance with the provisions of the Guidelines, and in a well-maintained, safe, clean and attractive condition at all times. Such maintenance, as to unimproved and improved Lots, shall include, but shall not be limited to, the following: (i) Prompt removal of all litter, trash, refuse and waste; (ii) Keeping land,including any lawns and shrub beds,well maintained and free of trash,uncut grass and weeds; (iii) Keeping all sediment resulting from land disturbance or construction confined to the respective Owner's property; (iv) Complying with all governmental health, safety and law enforcement requirements; (v) Maintenance of natural areas and landscaping in accordance with the Guidelines; (vi) Keeping parking areas and driveways in good repair; (vii) Repainting of Improvements; and (viii) Repair of damage and deterioration to Improvements, it being understood and agreed that if any Improvements are damaged or destroyed by fire or other casualty,then within six(6)months following the date such damage or destruction occurs, the Owner of the Lot on which such Improvements are situated must repair and restore such damaged Improvements (in accordance with plans and specifications approved by the Architectural Review Board and otherwise in accordance with the terms and provisions of this Declaration and of each Additional Declaration 39 111 applicable thereto) or remove such damaged Improvements and restore the Lot to its condition existing prior to the construction of such Improvements. Notwithstanding anything contained herein to the contrary, the above-described maintenance responsibilities as to any Lot shall commence only upon a Plat showing such Lot being recorded in the Office of the Register of Deeds of Chatham County and upon the conveyance of such Lot by Declarant. If an Owner of any Lot has failed in any of the duties or responsibilities of such Owner as set forth herein,then the Board and Declarant, either jointly or severally,may give such Owner written notice of such failure, and such Owner must, within ten (10) days after receiving such notice (which notice shall be deemed to have been received upon deposit in an official depository of the United States mail, addressed to the parry to whom it is intended to be delivered, and sent by certified mail,return receipt requested),perform the care and maintenance required or otherwise perform the duties and responsibilities of such Owner as described herein. Provided, however, this cure period shall be extended for a time not to exceed sixty (60) days so long as Owner shall have commenced to cure such nonconformity and shall diligently prosecute the same. Should any such Owner fail to fulfill this duty and responsibility within such period, then the Association, acting through its authorized agent or agents, or Declarant (until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot within Eden View Acres),acting through its authorized agent or agents,either jointly or severally, shall have the right and power to enter onto the premises of such Owner and perform such care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any Person. The Owner of the Lot on which such work is performed shall be liable for the cost of such work, together with interest on the amounts expended by the Association or Declarant in performing such work computed at the highest lawful rate as shall be permitted by law from the dates such amounts are expended until repayment to the Association or Declarant, as the case may be, and for all costs and expenses incurred in seeking the compliance of such Owner with his duties and responsibilities hereunder, and such Owner shall reimburse the Association or Declarant, as the case may be, on demand for such costs and expenses (including interest as above provided). If such Owner shall fail to reimburse the Association or Declarant, as the case may be,within thirty (30) days after the mailing to such Owner of a statement for such costs and expenses, then, without limitation of any other rights of the Association or Declarant, the Association may impose a Special Individual Assessment against such Owner for the amount owed. Section 2. Duration . This Declaration and the controls, covenants, restrictions and standards set forth herein shall run with and bind the Property and any Owner, and shall inure to the benefit of every Owner of a Lot in the Property and every Owner of any other portion of the Property, including Declarant, and their respective heirs, successors, and assigns, for a term of thirty(30)years beginning on the date this Declaration is recorded in the Office of the Register of Deeds of Chatham County, North Carolina. At the end of such thirty (30) year period, the easements, covenants, conditions and restrictions set forth herein shall automatically be extended for successive periods of ten (10) additional years, unless prior to the expiration of a respective period, by a vote of no less than eighty percent (80%) of all votes entitled to be cast by the Association Members, there shall be adopted a resolution to terminate these covenants and restrictions. Owners may vote in person or by proxy at a meeting duly called for such purpose at which a quorum is present,written notice of which shall have been given to all Owners at least thirty (30) days in advance of the date of such 40 112 meeting, which notice shall set forth the purpose of such meeting. The foregoing shall not limit the right of Declarant to amend and/or supersede, in whole or in part, the terms and provisions hereof, as such right in favor of Declarant is described in Section 3 below. Section 3. Amendment . Except as otherwise expressly provided herein and subject to the limitations hereinafter contained, this Declaration may be amended or modified at any time by a vote of no less than sixty-seven percent(67%) of all votes entitled to be cast by the Association Members,which vote is taken at a duly held meeting of the Association Members at which a quorum is present, all in accordance with the Bylaws. Provided,however, if sixty-seven percent(67%)of all votes entitled to be cast by the Association Members cannot be obtained at such a meeting,then this Declaration may be amended by obtaining the vote of sixty-seven percent (67%) of all votes present at a duly held meeting of the Association Members at which a quorum is present and by,within ninety(90) days of such vote, obtaining written consent to such amendment by Association Members holding a sufficient number of votes to comprise, along with such Association Members voting in favor of the amendment, a total of sixty-seven percent(67%) of all votes entitled to be cast by Association Members. Further provided, that any amendment or modification to this Declaration must be consented to by Declarant, until such time as a Certificate of Occupancy has been issued for a residence on every recorded Lot within Eden View Acres, which consent Declarant may grant or withhold in its sole discretion. Any amendment or modification upon which the vote of Association Members is required pursuant to this Section 3 shall become effective when an instrument executed by the Association Members voting for such amendment or modification is filed of record in the Office of the Register of Deeds of Chatham County,North Carolina;provided, however, such an amendment or modification, in lieu of being executed by the Association Members voting for such amendment or modification, may contain a certification of the Secretary of the Association stating that the amendment or modification has been voted on and approved by the requisite number of votes of the Association Members, as provided in this Section 3. Notwithstanding the terms of the immediately preceding paragraph of this Section 3, until the Turnover Date, Declarant, without obtaining the approval of any Association Member or any Owner or Owners other than Declarant, shall have the unilateral right, in its sole and absolute discretion, to make any amendments or modifications hereto which Declarant deems necessary or desirable, including, without limitation, amendments or modifications to any procedural, administrative or substantive provision of this Declaration. Section 4. Release of Property . Until the Turnover Date,Declarant shall have the right,in its sole and absolute discretion,without the consent of the Association,any Association Member or any other Owner,to release any portion of the Property then owned by Declarant from the terms of this Declaration by recording a release in the Office of the Register of Deeds of Chatham County, North Carolina. After the recordation of such release, the portion of the Property described therein shall not be subject to the terms of this Declaration. Section 5. Enforcement; Litigation 41 113 The Association shall be authorized to impose sanctions for violations of this Declaration, the Bylaws, or the Guidelines. Sanctions may include reasonable monetary fines not to exceed $100.00 per day and suspension of the right to vote and to use any facilities within the Common Areas (excepting drainage rights and rights of access to Lots) after notice and opportunity for a hearing. In addition,the Association,through the Board,after notice and opportunity for a hearing, shall have the right to exercise self-help to cure violations, and shall be entitled to suspend any services provided by the Association to any Owner or Lot in the event that such Owner is more than thirty (30) days delinquent in paying any assessment or other charge due to the Association. The Association, Declarant or any Owner shall have the right, but not the obligation, on its own behalf or on behalf of others, to enforce the provisions of this Declaration or any Additional Declaration. Enforcement of the controls, covenants, conditions, restrictions, easements, development guidelines, charges and liens for which provision is made in this Declaration shall be by a proceeding at law or in equity (or otherwise, as provided in this Declaration) against any person or persons violating or attempting to violate any such control, covenant, condition, restriction, easement, development guideline, charge or lien, either to restrain such violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association, Declarant or any Owner to enforce any such control, covenant, condition, restriction, easement, development guideline, charge or lien shall in no event be deemed a waiver of the right to do so thereafter or of any other or future violation of any thereof. The Board shall attempt to meet with a potential defendant in order to investigate the possibility of any early settlement of any lawsuit or claim, and shall give the potential defendant notice of the claim or the potential litigation and a reasonable opportunity to cure the problem before the claim is filed. The immediately preceding sentence shall not apply,however,to(a)actions brought by the Association to enforce the provisions of this Declaration, (b) the imposition and collection of assessments, charges or other fees hereunder, (c) proceedings involving challenges to ad valorem taxation, (d) counter-claims brought by the Association in proceedings instituted against it or (e) actions brought by the Association against any contractor, vendor, or supplier of goods or services to the Project. Section 6. Severability of Provisions . If any section,paragraph,sentence,clause or phrase of this Declaration shall be or become illegal, null or void for any reason or shall be held by any court of competent jurisdiction to be illegal,null or void,the remaining sections,paragraphs,sentences,clauses and phrases of this Declaration shall continue in full force and effect and shall not be affected thereby. It is hereby declared that the remaining sections, paragraphs, sentences, clauses and phrases would have been and are imposed irrespective of the fact that any one or more other sections, paragraphs, sentences, clauses or phrases shall become or be illegal, null or void. Section 7. Notice . Except as otherwise set forth herein expressly, whenever written notice to an Owner or Association Member(including Declarant)is required hereunder, such notice shall be given by the mailing of same,postage prepaid, to the address of such Owner or Association Member appearing on the records of Declarant or the Association. If notice is given in such manner, such notice shall be conclusively deemed to have been given by placing same in the United States mail properly 42 114 addressed,with postage prepaid,whether received by the addressee or not. Declarant's address as of the date of recording of this Declaration is 154 Ruffed Grouse, Chapel Hill,NC 27517. Section 8. Titles . The titles, headings and captions which have been used throughout this Declaration are for convenience only and are not to be used in construing this Declaration or any part thereof. Section 9. No Exemption . No Owner or other parry may exempt himself from the coverage hereof or obligations imposed hereby by non-use of such Owner's Lot(s) or other property located within the Project or the Common Areas. Section 10. Chanes to Plans for the Project . Nothing contained herein shall be deemed to incorporate, by reference or otherwise, any plans or proposals promulgated by Declarant with respect to the development of the Project, and Declarant, subject to the covenants, conditions and restrictions contained in this Declaration and any Additional Declaration, reserves the right to change any plans for the Project at any time and from time to time as Declarant may determine to be necessary based upon Declarant's continuing research and design program and/or market conditions, and any plans for the Project shall not bind Declarant or its successors and assigns to adhere to such plans in the development of the Property or any part thereof. In addition,Declarant reserves the right to change, from time to time,the uses and densities that exist on any portion(s) of the Property owned by Declarant, subject to the covenants, conditions and restrictions contained in this Declaration and any Additional Declaration. [Signatures on following page.] 43 115 IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed as of the day and year first above written. Dairyland Farm, LLC By: Keith T Brown, Manager By: Keith T Brown,Manager NORTH CAROLINA COUNTY OF I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Keith T Brown My Commission Expires: Notary Public Print Name: [Affix Notary Stamp or Seal] NORTH CAROLINA COUNTY OF EXHIBIT A The Property All that tract or parcel of land, together with the improvements and appurtenances belonging thereto,lying and being in Chatham County,North Carolina,as shown on a plat entitled "MAJOR SUBDIVISION PLAT EDEN VIEW ACRES-PHASE 1 PROPERTY OF EDEN VIEW ACRES -ORANGE COUNTY-NORTH CAROLINA" dated OCTOBER 2022,prepared by MIKE GRIFFIN AND ASSOCIATES.,consisting of Orange 116 County Registry, and to which plat reference is hereby made for a more particular description of said land. Need to exclude area to be retained by owner. 45 117 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EDEN VIEW ACRES Drawn by and after recording return to: Patrick E.Bradshaw Bradshaw Robinson Slawter LLP Post Office Box 607 Pittsboro,NC 27312 118 KEY MAP [DAIRYLAND ROAD] SECONDARY SECONDARY r Lor z 2 N. Eden View February 24,2023 N THOMAS m�ro_N ^ r Durham, IVC O HUT TON 119 VIEW •NE [DAIRYLAND ROA <� � t : .w�. .�� ••ice..` �,� til Eden View February 24,2023 Durham, NC Y 120 3 S VIEW TWO [DAIRYLAND ROAD] 6 ;44444! Eden View February 24,2023 N THOMAS Durham, IVC HUTTON�" 121 KEY MAP [ORANGE GROVE ROAD] CPQ cj j. a�� -- -- - - _ - -- / - SE—PHASE 2 _PHA - _, — _ ------------ 'LOT 36 LOT 32 T y SECONDARY i■ OPEN SPACE C LOT 31 LJ �. = ��• �. LOT 37 f �f SECONDARY Eden View February 24,2023 N THOMAS m�ro_N ^ r Durham, IVC O HUT TON 122 VIEW •NE [ORANGE GROVE •OA r HOUSES �Vrt, � Acle Eden View February 24,2023 THOMAS Durham, NC Y �y 1 k: _ 4 dt j - I -17 10 oa Ma " 3i ' 1 1x — a Ati � _• �_' 1'r� 3 i A: doo ,. - �.� .qr• � ate. r. - 125 H THOMAS & HUTTOH III W. MAIN STREET DURHAM, NC 27701 1 919.682.0368 WWW.THOMASANDHUTTON.COM 4/21/23 To: Orange County Board of County Commissioners Re: Eden View Acres Conditional Rezoning To Whom it may concern: As applicant and on behalf of the Developer of the Eden View Acres project, Keith Brown of Sun Forest Systems, we are proposing that the following commitments be attached to the Conditional Rezoning of the parcels identified by PIN's 9841527281 and 9840795091: • The uses on the farm and associated permanent conservation areas will be limited to only those uses that are currently allowed on existing farms in the Orange Grove Community as of the date of approval. • Additional plantings will be added to the western property line of lot #34 to screen the view from parcel PIN 9841322556. • The site property line will be marked with signage that reads "DANGER, NO TRESPASSING - FARM EQUIPMENT IN USE" at lots 7 through 11 with signage facing both directions. • The Developer will install a fence with no trespassing signage along the shared property line with parcel PIN 9841734586. • The Developer will notify prospective new property purchasers of the Eden View Acres subdivision of the presence of a Shooting Range and associated noise on the adjacent property, so long as that use continues. • The Developer will notify prospective new property purchasers that this is a voluntary agriculture district. Respectfully, THOMAS & HUTTON ENGINEERING By Daniel Jewell, PLA I Principal / Regional Director 12 Attachment 2 Staff Report ORANGE Zoning Atlas Amendment — Conditional District C�ORANGE COUNTY NORTH CAROLINA Basic Information Vicinity Map for RezoningApplication-PINS 984152728119840795091 4801 and 4901Dalryland X -`, Chaak-T :hp ;'11,rborouglParcel Address Road, Hillsborough, NC •.�t I 1—j C i' ' S `� "` '� 27516 j9841-52-7281, 9840-79- (PIN) X r Parcel Identification eeR°roe hw Number5091 — C' P-1 HOP Tawm+hdp Daniel Jewell CJT, PA Applicant Name 111 West Main Street, and Address Durham, NC, 27701 Property Owner Daniel and Elizabeth r p Y Name and Address Snipes (if different from 6602 Orange Grove Rd. Applicant) Hillsborough, NC, 27278 *pW:9841QTj81198i0T95841 ? f'_' e 9 . CA, 3 i' "I' Agent(s), if ETk . 9.ghant T—ft „, „„ 1r - applicable N/A Parcel Size 190+/- acres Adopted Future land Use Map with Parcels 984152728119840795ogi Depicted Future Land Use Agricultural Residential Map (FLUM) Designation , FLUM Overlay(s) Resource Protection Area I Growth Management Rural * Cane Creek Protected 1 System Designation Definition of FLUM Land in the rural areas where the �^ 984,547297 Designation prevailing land use activities are related to the land (agriculture, r do forestry) and which is an (Land Use Element appropriate location for the � qo of Comprehensive continuation of these uses. Plan) 9s4aTssme7 Agricultural activities and oPlNs984452]29,19R°'4 " associated residential and 9me (Appendix F of commercial uses predominate River -Publlc lnlerest Mees 11!Rasourw Protr$tlon Meas Comprehensive 7— dU,.C..,ed. Plan) R r.I Reti9anka Rurel BuNer 'L A ,�Aamulturel Rasldsntlal 7` 1 127 Attachment 2 Rezoning Application to R-CD for PINS 9841527281/9840795091 AR (Agricultural Residential) — Current Zoning 190+/- acres District ' . R-CD (Residential Conditional Requested District), Conservation Cluster Cane CreekProfected Zoning District Flexible Subdivision a Requested --�1b 9841527281 Zoning District yrf Consistent with Appendix F of Yes 2030 Comprehensive Plan � d Existing Zoning Overlay Cane Creek Protected 864 609 Watershed k Districts p PiNe 98415272BV9M795991 —dream woa° Amendments - Water Bodies =-Watersheds Proposed for ZaUng W� Haw River No IAR Overlay dJP1TV ®r Districts (Y/N) CR1 A o 000 QI RB annine anE mx onm Oeoatmsnl IBC] 2 12 FAttachment 2 Surrounding Land Uses and Zoning Aerial Image with Parcels 984,527281198407 5491 Outlined North Agricultural Residential (AR) residential r homes. ; South (AR) residential homes. East (AR) residential homes. r � West (AR) residential homes. _^ Existing Roads r � WM1[5273fii. North C M Kirk Lane South Dairyland Road ' East None West Orange Grove Road eaamresosi. i s 0 PIFle-B&1151T26E5bi0r950B1 Existing Conditions/Physical Features The parcel currently has a stick built structure in "Poor" condition, as evaluated by the Orange County Tax Office that is proposed to be deconstructed. The property rises to a high point in the northeastern corner of the property, with gentle slopes down to the buffered creek beds. Most vegetation is located in near the center and west portions of the parcel. The current state of the parcel is used for farming. Public Water and Sewer Private well and septic systems are used in this area. The Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) does not designate this area as a Primary Service Area for water and sewer services. Proposed Project Proposed Development A conditional zoning district with "Conservation Cluster Flexible Residential Subdivision" for a 38-lot subdivision being the sole specific permitted use, and the layout specified in the submitted site-specific plan, as detailed and defined within the Unified Development Ordinance and as authorized by NCGS 160D- 703. The following information was provided by the applicant: 3 Attachment 2 Our goal is to create a community that is as self-sustainable as possible. We will implement thoughtful building practices, minimal grading and land disturbance, solar energy, rainwater collection, and a landscape design that focuses on producing food and useful products for the community. We are proposing Thirty-Eight lots, each lot will range from 2 to 5 acres. Each lot will have an individual well and septic system, ensuring that residents have an independent water supply and waste management system that is tailored to their specific needs. We will identify the most productive portions of existing fields, pastures, and cropland, and locate building lots on less productive land. We plan to build efficient, smart homes, sustainably built using the best quality materials. With options to build accessory dwelling units, we are seeking attainable housing, and a mixed-income, diverse community. In this Flexible Development, each Homestead will be located within a short walk of shared green space. Eden View Acres will provide residents with an array of exceptional amenities to enhance their daily life. The Food Forest trail will wind around the farmland fields and by the houses bringing everyone closer together. Educational stations along the way will inspire learning and creativity in nature. There are two ponds teaming with birds and fish that will provide an excellent source of outdoor recreation. The pavilion will serve as a central gathering spot, where community members can come together for classes, and events, or simply to relax and recharge in the tranquil surroundings. Additionally, the development will include two large open spaces or parks for shared use, providing ample opportunities for residents to enjoy the outdoors. Eighty percent of the home sites will offer stunning views of the surrounding pastures from the edge the forest, while the other 20 percent will be nestled further into the forest, offering an emphasis on being one with nature and minimal footprints. These forested lots will be perfect for those who want to feel connected to the forest and all the natural beauty it provides. While those on the edge of the forest while looking over the meadows, will enjoy the tranquility of the long view over the pastures that have been grazing cattle for over two centuries. The community's character will flow effortlessly into the nearby farms and communities, creating a sense of unity and belonging. Eden View Acres will be an exceptional place to live, work, and play, with amenities and surroundings that promote a healthy, sustainable, and fulfilling lifestyle. Eden View Acres will host three parks, all connected by a walking trail that will wind around the forest and into the farmland fields. The trails will be landscaped using native edible species, providing a maturing food forest for the community. There will be educational stations along the way, designed to inspire learning and creativity in nature. Community is paramount to Eden View Acres, and we will collaborate with local groups focusing on education in nature. The park located in the center of the neighborhood will be a hub of outdoor activity and natural fun. Designed with an eye toward sustainability and fitness, it will feature natural climbing structures, rope swings, and slides built into the surrounding hills. These features will provide an exciting and challenging environment for kids and adults alike to explore and test their limits. Additionally, the park will include a natural playground, designed to encourage imaginative play and creativity in all ages. The playground will feature materials such as logs, stumps, and boulders, and will be arranged in a way that promotes social interaction and exploration. With these unique features, the park will be a wonderful place for residents to connect with nature and stay active in a fun and engaging way. At Eden View Acres, we are committed to adhering to the principles of the Orange County Comprehensive Plan. Our development plan takes into account the prime view sheds, such as those visible from Orange Grove Road. To preserve the natural beauty of the area, we have chosen to locate our active farm off Orange Grove Road, making our neighborhood's entrance off Dairyland. This decision ensures that the value of all view sheds is protected, and the land retains its unspoiled charm. As we plan the development of Eden View Acres, we are taking great care to protect the beautiful trees that already exist on the land. We have identified several mature trees that are particularly stunning and unique. We are designing our proposed home sites and roads to work with the landscape to the best of our abilities while still meeting the D.O.T. standards for residential roadways. By avoiding areas with large or significant trees and choosing a path along ridges and in flatter zones, we will minimize the need for grading and land disturbance. In addition, we plan to implement a protective zone around each tree within the primary open 4 lqn Attachment 2 space that will prevent construction equipment and materials from damaging the tree's root system or trunk. All significant trees and natural features in the primary open spaces will be prioritized for protection. We plan to protect all substantial trees on any lot. We have also designed a plan to be implemented for the protection of natural features, including shared viewsheds of secondary open spaces will be preserved through careful management. Our goal is not only to preserve the natural beauty of the area but also to ensure that this land continues to thrive and mature for generations to come. Our plan also includes the creation of a food trail, where edible plants, shrubs, and trees will be grown together in a way that mimics the natural ecosystems of the area. This approach will help to provide food and useful products for the community while also promoting soil health, reducing erosion, and providing habitats for wildlife. We will also be incorporating pollinator-friendly plants into the landscaping plan, which will support the local bee population and other beneficial insects. The plants we choose will provide food, shelter, and nesting sites for these important species, promoting a healthy and diverse ecosystem. In addition to the landscaping plan, we are also designing our roads and buildings to minimize our impact on the land. Our roadways will be designed to work with the existing terrain and will be built in a way that minimizes the amount of grading and land disturbance necessary. The roadways within Eden View will be built to D.O.T standards in order to be turned over to the state for maintenance. The roads will be professionally engineered to have minimal impact on the existing pastures, cropland, feedlots, and similar uses. Our development will consider the importance of preserving the scenic views and vistas of the area, particularly as seen from public roadways. To this end, we will prioritize leaving these views unblocked or uninterrupted. We will add to the existing landscape when needed using locally found species to create a natural visual buffer. These buffers will ensure views from the road are preserved for generations to come. In addition, we will be using the local flora found on the site as a visual screen and planting more trees will be used as a visual screen to provide privacy. We will plant Maple, Cedar, Oaks, and other trees that are already flourishing in the area to ensure that our design blends in with the existing natural landscape. Our goal is to create a community that harmonizes with the environment while providing residents with a sustainable, healthy, and beautiful place to call home. The road will be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state-maintained roads only via subdivision roads providing internal access to lots in the subdivision. Building lots will mostly be located in forested areas away from existing pastures croplands. When possible, the homes will be built within the wooded areas, preserving the view sheds, and maximizing privacy, while maintaining the concept of a shared open space. Two beautiful ponds will be Preserved and nourished as part of the community's commitment to preserving the natural environment. We plan to redesign them using permaculture principles, ensuring their longevity and supporting the surrounding ecosystem. The ponds will be enhanced with a variety of trees, including Willows, Cypresses, and Red Maples, which will provide shade and habitat for a variety of species. We will also plant aquatic vegetation, such as Duckweed and Water lilies, which will oxygenate the water and create a healthy environment for fish and other aquatic life. In addition, we will incorporate native shrubs and flowers, such as Elderberry and Bee balm, to support pollinators and provide food and shelter for wildlife. By employing permaculture practices, the ponds will not only be beautiful and enjoyable for residents but will also serve as an important resource for the local ecosystem. The neighborhood's pavilion will serve as a gathering spot for the community, providing an ideal venue for hosting classes and community events. It will be a place of learning, teaching, studying, and growing, where individuals can come together and engage in meaningful discussions and activities. With its beautiful surroundings and peaceful atmosphere, the pavilion will be the perfect place to enjoy your morning coffee or a glass of wine in the evening. Additionally, with the blazing-fast fiber internet, the pavilion will offer multiple places to work independently and efficiently, allowing residents to work and play in a comfortable and conducive environment. The pavilion will be constructed using classic timber framing techniques, 5 Attachment 2 utilizing the highest quality sustainable resources available. This will not only ensure the durability and longevity of the structure but also minimize its impact on the environment. The design of the pavilion will incorporate accents from the land, with natural materials and colors that seamlessly blend in with the surrounding landscape. The result will be a beautiful and harmonious structure that complements the natural beauty of the area. Whether you're attending a class or simply enjoying the scenery, the pavilion will be a welcoming and peaceful place that reflects the values of the community. In conclusion, Eden View Acres is not just a proposed Flexible development but also a community that has been carefully designed to preserve the natural beauty of the area while providing a harmonious and healthy environment for residents to thrive. Our permaculture-based landscaping plan will promote biodiversity and support the local ecosystem, while also providing food security and useful products for the community. Our focus on green building practices, minimal grading and land disturbance, solar energy, and rainwater collection, will ensure that we are minimizing our impact on the land and conserving the farmland on the site. We are also committed to creating a diverse community, where residents can enjoy shared green spaces, scenic views, and a healthy lifestyle. Our goal is to create a place where families can thrive, while also preserving the natural beauty of the land, and we are excited to share our vision of a sustainable future with Orange County. IL— 6 Attachment 2 Site Plan EL —fail { .,. mow.' ----..��^•—.• ---------------------- WT 254 24 Js.�i Y LOT 52 t-' `♦ 11'w .,_ y "• ' S Lor jj LOT n r OF 27 J/:, raw.• `,� 4`' OPCM r+FCE S _ sj' �.. IAT 21 `• '`LA�ZD70 F,r. I dd ,,r'n"irr ^ \._. - `?`mow 1 .% �,,✓ _%4%L LOT tE LOT sa / Lap t "�►, r` ......_..—..� �� r F-• • i� ��,, I .:.. �.., L°.5. � yam;. LFz LOT 10 � .,.,... . ... .. .i.. LAT TS ! f 4 497 AC Loi"4 Lor b, j i 7 r ..-�...� ...I1! 2 } 8 .LOT 7 �.� ' LOT 17 t Iy0 d`s \ 1r wiT {ATti I� j`a <a...��.a.–�,.9w,�.. •....F.o...a..�..w..o �'' IA7 5 ��,�,._: � tY F= # t-- •r�r Mir �w�•� .�, w�a*r.°ter»° w.•`r� - .`, rwi ar.. r.rtyr. 1 L G 06a'S07 1 /LOT 2 `• 4 ,�,4 � is .�`.. w �. .wart r rwrraaaw. 1. WTI P, �w .rwrn+..nrwwwwww '••w.ra..ev tib��,,-` �• rrwwwreww�irre�� - 4°�b ''- a `• 1YPICII L.Q7 ..,..'y``. FLE7tlBLE 9NBQf1M1S4Olt 7 1.3 Attachment 2 Proposed Access and Transportation Network Improvements The Project is proposing access from Dairyland Road only. The following access improvements, as recommended in the submitted Transportation Impact Analysis (TIA), have been proposed: • Dairyland Road at Site Driveway o Construct a full-movement site driveway with one ingress lane and one egress lane Summary of Transportation Information Existing Roadway Characteristics Affected Roadway Orange Grove Road Dairy Land Road (future) (Immediate) Type of Roadway Minor Collector Minor Collector Current Roadway 10,000 9,000 Capacity Latest Traffic Volume 1,000 1,000 Traffic Generation Number of Trips Expected to be Generated by 95 Total Daily Proposed Project 45 Total AM Peak 45 Total PM Peak LOS (Level of Service) Descriptions (source: North Carolina Department of Transportah, ) LOS A: Describes free-flow operations. Free Flow Speed (FFS) prevails and vehicles are almost completely unimpeded in their ability to maneuver within the traffic stream. The effects of incidents or point breakdowns are easily absorbed. LOS B: Represents reasonably free-flow operations, and Free Flow Speed (FFS) is maintained. The ability to maneuver within the traffic stream is only slightly restricted, and the general level of physical and psychological comfort provided to drivers is still high. The effects of minor incidents and point breakdowns are still easily absorbed. LOS C: Provides for flow with speeds near the FFS. Freedom to maneuver within the traffic stream is noticeably restricted, and lane changes require more care and vigilance on the part of the driver. Minor incidents may still be absorbed, but the local deterioration in service quality will be significant. Queues may be expected to form behind any significant blockages. LOS D: The level at which speeds begin to decline with increasing flows, with density increasing more quickly. Freedom to maneuver within the traffic stream is seriously limited and drivers experience reduced physical and psychological comfort levels. Even minor incidents can be expected to create queuing, because the traffic stream has little space to absorb disruptions. LOS E: Describes operation at capacity. Operations at this level are highly volatile because there are virtually no usable gaps within the traffic stream, leaving little room to maneuver within the traffic stream. 8 x.34 Attachment 2 Proposed Utilities The property is not in an area served by public water/sewer. Water and wastewater services will be provided via a private well and septic system that meet Orange County Environmental Health standards (see Attachment 5). Erosion Control/Stormwater Regulations The applicant has indicated that the project will conform to existing stormwater management (Section 6.14) and erosion and sedimentation control (Section 6.15) regulations of the UDO. See attachment 5. Based on staff review the most current preliminary submittal, the project can meet applicable stormwater management requirements for the Jordan Lake basin watershed as defined in UDO Section 6.14.8(B). Land Use Buffers/Setbacks North 100' Type F Buffer/ 30' from front, 15' from side and rear Setback South 100' Type F Buffer/ 30' from front, 15' from side and rear Setback East 100' Type F Buffer/ 30' from front, 15' from side and rear Setback West 100' Type F Buffer/ 30' from front, 15' from side and rear Setback Environmental Assessment (EA) The applicant has provided an Environmental Assessment (EA) application and supporting materials as required in Section 6.16 of the UDO with their submittal. These materials were shared with various State agencies via the NC Department of Administration's State Clearinghouse on February 91h (Attachment 5). Planning and DEAPR Staff have jointly reviewed the materials and agree with a determination of"Finding of No Significant Impact (FONSI)" as required in Section 2.25.1 (B) (5) of the UDO (Attachment 5). This determination eliminates a requirement from the applicant to provide a more detailed Environmental Impact Statement (EIS) process as outlined in Sections 2.25.2 and 6.16.4 of the UDO. Solid Waste The applicant has indicated development within the project will conform to the Orange County Solid Waste Management Ordinance. OC Solid Waste requires a "Will-Serve" letter from the private hauler that will be servicing the site to confirm that based on the latest set of plans said private hauler can and will provide recycling collection that at a minimum meets OC Solid requirements for recyclable materials collected (Attachment 5). IL 9 13 Attachment 2 Proposed Conditions Per NCGS 160D-703, imposed conditions and site-specific standards are limited to those that address conformance of the development and use of the site to local government ordinances and adopted plans or the impacts reasonably expected to be generated by the development or use of the site. Per Section 2.9.1 (F) (3) of the UDO, mutually agreed upon conditions can be imposed as part this process only if they address: 1. The compatibility of the proposed development with surrounding property, 2. Proposed support facilities (i.e. roadways and access points, parking, pedestrian and vehicular circulation systems, screening and buffer areas, etc.) and/or 3. All other matters the County may find appropriate or the petitioner may propose. The following voluntary conditions are being offered by the applicant: 1. Application: Project shall be completed as presented in approved site plan/application packet, including all open space and recreation dedications and offered construction and grading requirements. Applications to rezone property to a Conditional District shall be processed in accordance with the procedures in UDO Section 2.9; 2. The uses on the farm and associated permanent conservation areas will be limited to only those uses that are currently allowed on existing farms in the Orange Grove Community as of the date of approval; 3. Additional plantings will be added to the western property line of lot#34 to screen the view from parcel 9841322556; 4. The site property line will be marked with signage that reads "DANGER, NO TRESPASSING — FARM EQUIPMENT IN USE" at lots 7 through 11 with signage facing both directions; 5. The developer will install a fence with no trespassing signage along the shared property line with tax parcel 9841734586; 6. The developer will notify prospective new residents of the Eden View Acres subdivision of the presence of a shooting range on the adjacent property, so long as that use continues; 7. The Developer will notify prospective new property purchasers that this is a voluntary agriculture district. Of the above conditions, conditions 2-7 were added subsequent to Planning Board review. The specific changes recommended by the Planning Board are noted as conditions 5 and 6 above. Separate from Planning Board recommendation, the applicant has also offered an additional four conditions, noted as conditions 2, 3, 4, and 7 above, in response to public comment received at the Planning Board meeting. All four additional conditions have been incorporated into the Ordinance in Attachment 8. 10 Review Milestones Attachment 2 13 Application Submittal Date December 8, 2022 Development Advisory Committee December 15, 2022, and March 2, (DAC) Review 2023 Neighborhood Information Meeting March 22, 2023 (NIM) Planning Board Review April 5, 2023 Note: the DAC is a staff/agency committee, established in Section 1.9 of the Unified Development Ordinance. Courtesy Review Jurisdiction Date Sent Comments Received (Y/N) None Required 11 137 Attachment 2 Analysis Staff Analysis As required under Section 2.8.5 of the UDO, the Planning Director shall cause an analysis to be made of the application. In analyzing this request, the Planning Director offers the following: 1. The application is complete in accordance with the requirements of Section 2.9.1 (C) of the UDO; 2. The proposal is consistent with the 2030 Comprehensive Plan, furthering the following goals: 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. d. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 3. The requested zoning district, R-CD (Residential Conditional District), is consistent with the 2030 Comprehensive Plan, Appendix F, Relationships between Land Use Classifications and Zoning Districts, 4. The 2030 Comprehensive Plan, Appendix G, Land Use Classification and Overlay Locational Criteria, identifies Agricultural Residential as areas characterized areas of very low population density which is dispersed in a manner typical of agriculturally productive areas. The proposed Conservation Cluster Flexible Subdivision has taken these requirements into consideration in its design and construction commitments to minimize environmental impacts. 5. The applicant has provided a basic environmental assessment as part of this submittal. Staff has reviewed and determined no significant environmental impact is expected from this project based on existing conditions. The proposed development is consistent with existing/anticipated development within the area and the land use associated with the project is compatible with various 2030 Comprehensive Plan goals detailed above. 12 138 Attachment 3 ORANGE COUNTY NORTH CAROLINA PLANNING acrd INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575 CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Tyler Sliger, Current Planning & Zoning Supervisor with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section 2.8.7 of the Orange County Unified Development Ordinance I have mailed, or have caused to be mailed, a Notice of the Public Hearing to be held regarding a rezoning application proposing to rezone a parcel of property located at 4801 and 4901 Dairyland Road, Hillsborough (PIN's 9841-52-7281 and 9840-79-5091) on April 11, 2023. The owners were identified according to the Tax Records, as required by Section 2.8.7 of the Orange County Unified Development Ordinance. The mailed notices specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 11th day of April 2023. Tyler Slige� Planner I 139 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 772781919.245.2575 April 11, 2023 NOTICE OF BOARD OF COUNTY COMMISIONER MEETING To Whom It May Concern: This notice is to inform you of the May 2, 2023, Board of County Commissioners meeting, at which an application to rezone a 190 +/- acres (PINS: 9841527281 &9840795091) located at the northeast corner of Dairyland Road and Orange Grove Road will be reviewed. The parcel's address is 4801 and 4901 Dairyland Rd., Hillsborough, 27278,within Bingham Township. This notification is occurring in accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Orange County Unified Development Ordinance (UDO). You are receiving this notice because you own property located within 1,000-feet of the parcels requested for rezoning. YOUR PROPERTY IS NOT PROPOSED FOR REZONING. Property Information Parcel ID Numbers (PIN) 9841527281, 9840795091 Owner Elizabeth and Daniel Snipes Applicant 480NOW Daniel Jewell, PLA-Thomas & Hutton Location 4801 and 4901 Dairyland Rd. Hillsborough, NC Acreage 190 +/- Current Zoning Agricultural Residential Proposed Zoning Residential, Conditional District(R-CD) Watershed Designation Cane Creek Protected Watershed What is being proposed? The application proposes a conservation cluster residential subdivision, (Eden View),to create 38 lots with a public/private road system and at least 33% of land in open space, as seen in the site- specific plan provided by the applicant. The road and open space will serve the Eden View subdivision. This proposal is considered a"Conditional District"because it's proposing more than 21 lots and is dedicating at least 33% of the land in open space. The applicant elected to design it as a"Flexible Development—Conservation Cluster" and comply with the applicable development standards of Section 7.12 of the Orange County UDO. As defined and detailed by the Orange County UDO, should the application be approved,these conditions will be binding for the property,with any significant change requiring subsequent zoning map amendment. 140 What is this meeting for? The Orange County Board of Commissioners will hold a public hearing on the proposed rezoning. Interested persons are invited to address the County Commissioners with their comments regarding the rezoning application. The Orange County Planning Board, an advisory board comprised of appointed volunteers,reviewed this application at its April 5, 2023 regular meeting and voted to recommend approval of the rezoning request. Planning Board Meeting lnformation Date May 2nd Time 7:00 p.m. Place Whitted Meeting Facility Address 300 West Tryon Street, Hillsborough, NC Tyler Sliger, CZO, Planner II Assigned Planner Email: tsliger(a-orangecountync.gov Phone: 919 245-2586 If you cannot attend the Public Hearing and the website does not answer your questions about the requested rezoning, you may call (919) 245-2575 during regular business hours and you will be directed to a staff person who can assist you. You may also submit written comments via email to ocbocc@orangecountync.gov(emails sent to this address are considered public records and are subject to public disclosure). Sincerely, Cy Stober Additional information is available on the Orange County Planning Department's website: https://www.oran e�ync.gov/3038/Active-Development-Projects or scan below: lawL . ORANGE COU N -. 141 Rezoning Application PINS 9841527281/9840795o9i Notification Map C M KIRK1N 4F O �O 1 � 'pyo O�Q' roti 9841527281 1 1 1 1 Cane Creek Protected I DA/R y`AN D RD 9840795091 1 � 1 Z 1 J 1 Q' LL Cane Creek Critical 5 Q PINs: 9841527281/9840795091 WOOpCRE 1,000 Foot Notification Area - - r - - Watersheds Zoning Haw River 0 AR EC5 N lin=1,000feet 0 �'RAMBL'EWOOD DR ORANGE R1 c9yNr o Planning and Inspections Department(BC) RB 3/6/2023 O:AGIS Work's paceVProjects\Zoning\Rezoning\Pliv 9841527281 anu 9 X40)95 o9,I1IN 9641W2i ,1 and 984079509,ap-x\nezoning Application PINS 9841527281 and 9840795ogi Notificati o ii n-iap 142 PIN OWNERI_LAST OWNERI_FIRST OWNER2_LAST OWNER2_FIRST ADDRES51 ADDRESS2 CITY STATE ZIPCODE 9841234148 PERRY DAVID LEE HRS <Null> <Null> 24 DARIANS WAY <Null> SILER CITY NC 27344 9841255060 CATES FARM LLC <Null> <Null> <Null> 2606 GRANT AVE <Null> RALEIGH NC 27608 9841828007 DUNHAM CARR CONSOLIDATED LLC <Null> <Null> <Null> 4146 SAWMILL ROAD <Null> OXFORD NC 27565 9841734586 MUIRHEAD FAMILY LLC <Null> <Null> <Null> 4312 CARLISLE RD C/O ALASTAIR L MUIRHEAD HILLSBOROUGH NC 27278 9840879012 TROLLINGER WILLIAM LARRY TROLLINGER SUSAN J 4418 DAIRYLAND RD HILLSBOROUGH NC 272787487 9840981456 HUTCHERSON JACK EARL JR HUTCHERSON BARBARA 4503 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840887411 ARELLANO NANCY F <Null> <Null> 4609 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840873568 TROLLINGER WILLIAM KEITH TROLLINGER KRISTY G 4612 DAIRYLAND RD HILLSBOROUGH NC 27278 9840786349 WIEBE BARBARA WIEBE JEFFJ 4712A DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840880696 BAKER RICKY BAKER TERESA 4715 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840887638 BAKER RICKY BAKER TERESA 4715 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840699038 CLASEN JUDY L 4908 DAIRYLAND RD HILLSBOROUGH NC 27278 9840685763 DARROW JEANETTE <Null> <Null> 4912 BRANT HILL LN <Null> HILLSBOROUGH NC 27278 9840697044 WIX TAYLOR <Null> <Null> 4914 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840688641 DARROW DEEANN <Null> <Null> 4918 BRANT HILL LN <Null> HILLSBOROUGH NC 27278 9840695158 PHILLIPS JUSTIN TAYLOR <Null> <Null> 5004 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840695865 SEXTON PAUL E JR SEXTON KAREN S 5005 DAIRYLAND RD HILLSBOROUGH NC 27278 9840692431 SIEGEL BRET WILLIAM SIEGEL MICHELLE ANN 5012 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840690308 KRESS LANCE W KRESS DIANE B 5016 DAIRYLAND RD HILLSBOROUGH NC 272788377 9841601297 AUSTIN ASHLEY S AUSTIN JOSHUA D 5107 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9841611249 MORGAN BENJAMIN MORGAN ALEAH 5115 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9841534973 KIRK AARON C KIRK CHELSEA G 520 C M KIRK LN <Null> HILLSBOROUGH NC 27278 9841504177 NICHOLS ALLISON H CLAPPER HANK D 5200 DAIRYLAND RD <Null> HILLSBOROUGH NC 27278 9840795091 SNIPES ELIZABETH C 5512 DAIRYLAND RD HILLSBOROUGH NC 272788394 9841453206 KIRK KENNETH CECIL KIRK DONALD WAYNE 6108 ORANGE GROVE RD <Null> HILLSBOROUGH NC 272787467 9841642523 KIRK KENNETH CECIL ET AL KIRK WILLIAM RONALD 6108 ORANGE GROVE RD <Null> HILLSBOROUGH NC 27278 9841349023 BOWERS RANDY JOE BOWERS LAURIE W 6405 ORANGE GROVE RD HILLSBOROUGH NC 27278 9841333158 JOHNSON JAMES FELTON <Null> <Null> 6505 ORANGE GROVE RD <Null> HILLSBOROUGH NC 272787472 9841333860 JOHNSON JAMES FELTON <Null> <Null> 6505 ORANGE GROVE RD <Null> HILLSBOROUGH NC 272787472 9841324810 SNIPES DANIEL E SNIPES MARILYN K 6602 ORANGE GROVE RD <Null> HILLSBOROUGH NC 27278 9841527281 SNIPES DANIEL E ETAL SNIPES ELIZABETH C 6602 ORANGE GROVE RD <Null> HILLSBOROUGH NC 27278 9840590355 NICHOLS SUSAN S SEXTON KAREN S 6614 ORANGE GROVE RD <Null> HILLSBOROUGH NC 27278 9841406975 NICHOLS SUSAN S SEXTON KAREN S 6614 ORANGE GROVE RD <Null> HILLSBOROUGH NC 27278 9841322556 NICHOLS CHARLES BERNARD JR NICHOLS SUSAN 6614 ORANGE GROVE RD HILLSBOROUGH NC 272787473 9841225067 SANDERS DIANE W <Null> <Null> 6626 BUCKHORN RD <Null> HILLSBOROUGH NC 27278 9841320030 CANE CREEK BAPTIST CHURCH OF ORANGE COUNTY INC 6716 ORANGE GROVE ROAD HILLSBOROUGH NC 27278 9840777945 HARDACRE ERIC M <Null> <Null> 6721 RAMBLEWOOD DR <Null> HILLSBOROUGH NC 27278 9840688167 GREEN ALLAN K GREEN CHRISTINE B 7030 WOODCREST FARM LN <Null> HILLSBOROUGH NC 27278 9840780575 GREEN ALLAN K GREEN CHRISTINE B 7030 WOODCREST FARM LN <Null> HILLSBOROUGH NC 27278 9840783532 GREEN ALLAN K GREEN CHRISTINE B 7030 WOODCREST FARM LN <Null> HILLSBOROUGH NC 27278 9841901177 CIMA JOSEPH A CIMA EVELYN CAROLINA MEADOWS APT 303 CHAPEL HILL NC 27517 9840789369 MCLAMB WILBUR NEAL ET AL A NOBLE S R WILLETTE A 1R PO BOX 568 PROVIDENCE NC 27315 9840779785 MCLAMB WILBUR NEAL ETAL WILLETTE ALVIN A JR PO BOX 568 PROVIDENCE NC 27315 143 Neighborhood Information Meeting Report Form REPORT OF INFORMATION MEETING REQUIRED BY THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE To: Tyler Sliger, Orange County Subdivision Administrator/Planner II Project Name: Eden View Acres Approximate Location (or Address):4901 Dairyland Road Proposed Number Lots: 38 Residential (Y/N): Y The undersigned hereby certifies that the required sign(s) was posted on the property proposed for project, on each road frontage of said project on (date) 3/8/23 A photo of the sign posted is recommended to be attached to this form. The meeting was held at the following time and place: March 22, 2023 at the main Orange County Library The persons in attendance at the meeting: See attached Attendance sheet The following issues were discussed at the meeting (Attach additional sheet(s) if needed): (please see attached) As a result of the meeting, the following changes were made to the project proposal (Attach additional sheet(s) if needed): A determination was made that no changes need to be made. Date: March 28, 2023 Applicant: Daniel Jewell By: Please submit this Report to the Orange County Planning Department located at 131 W. Margaret Ln or mail it to Tyler Sliger, Subdivision Administrator, at 131 W. Margaret Ln. Hillsborough NC, 27278. If you have any questions, please contact Tyler Sliger at (919) 245- 2586 or tsliger(a_orangecountync.gov. 144 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT MAN vy Neighborhood Information Meeting Sign-In Sheet N Project/Plan: Eden View Acres/Flexible Subdivision PIan a Date &Time: March 22 2023 �frf: eRiQti`s� ' Name Address Telephone Number Email Address q1q S1 I &3ze f7,0 bdboA, of> ,��rsr Siyr��:-s �`5lZ D.'�l.✓�.y'[.►��� �I� `�'�'I— �6 I/� �� .�. s,•��z�Com' �.v c. �� ., CkAy V� 2zt Q- S 1 t r(le llCn ! 7 Qcpct^�� Vin ; h �� joy lrv�,c�► �[' Q 145 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Neighborhood Information Meeting Sign-In Sheet Project/Plan: Eden View Acres/Flexible Subdivision Plan "errh FR`o`yo Date &Time: March 22,2023 Name Address Telephone Number Email Address �SQQ L va"Ife� All �a�et L1 y Rk-1 S Z`�.F' -0%I J Ael• % L'' (V tri"'.''-,» . � ,� ! rte.�� s��,.. ,,�. , ►...� t�Z�� r Aic ,1 146 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Neighborhood Information Meeting Sign-In Sheet Project/Plan: Eden View Acres/Flexible Subdivision Plan Date &Time: March 22, 2023 Name Address Telephone Number Email Address 141,4e� P4 r ' _) 1 147 Questions asked at the Eden View Acres Neighborhood Information Meeting 3/22/23 • Road type and maintenance? (paved & maintained by NCDOT) • Multiple home builders? (yes but it will be a selective process) • Lot size? (average of 2-5 acres) • Reason for Rezoning? (the Orange County UDO requires it in order for this to be a flexible subdivision which helps to save open space) • Can more houses be added after this Rezoning? (no, would have to Rezone the property again) • Will it affect existing agriculture on adjacent property? (no) • What if someone gets hurt on adjacent property. (their liability insurance should cover that) • Will there be covenants on the Open Space? (yes) • Could someone build something like a soccer field in the Open Space? (no,that would be considered a major change and would trigger another Rezoning) • Will the homeowners live in the houses? (yes,they are not speculative homes as they will be custom built and designed for each homeowner.) • Will there be "spec houses"? (no, not typically, but we do allow the opportunity for a builder to build a show home that will then be put on the market.) • What size will the houses be? (minimum of 1,500 sf) • Will this be a gated community? (no) • Can neighbors use the trails? (yes, either by individual invitation or through a blanket invitation where neighbors that were notified about the NIM would be allowed to use the trails) • View into the site? (houses will be situated among trees where possible and trees will be planted where necessary to screen houses that might be visible from the road) • Existing road off of Orange Grove to be emergency access only? (yes) o Open during construction? (no) Gated? (yes) • Are home footprints set in stone? (no) o Can homes be moved elsewhere on the lot? (yes,with the direction of the ARB) • Can homeowners cut down trees on their lots? (they will need permission for trees over 8"from the ARB) • Who controls changes within the Open Spaces? (HOA- homeowner's association) • Will private property be controlled by the HOA? (the ARB restricts the property as a whole to the design specification it has published and will protect within the protected viewsheds) • Will there be a farm? (yes but edible plantings will be limited to trails at first) • Who maintains the farm? (There will be an operator that will be selected by the HOA) • Will there be septic spray systems? (no,they will be underground) • What is the expected timeline and cost? (5+years to buildout, unknown cost at this time) • Why is it phased? (this allows more flexibility and cost balancing during the sales and building process) o Can the start of Phase 2 be restricted so Phase 1 must be completed first? (not by the County,the developer can do this if desired) • Proximity to each other? (they won't be very close to each other) Concerns raised: • Orange Grove community (hope it won't be closed off) 148 0A fairly new neighbor said they felt welcomed by the community • Another neighbor stated that they appreciated the effort the owners have put into this project • One neighbor was concerned about people trespassing on her land, an attorney told her she needs more insurance 149 [Attachment 5 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1 919 245.2575 March 22, 2023 Eden View Rezoning Application Case #: MA22-0006 P I N's: 9841-52-7281, 9840-79-5091 4901 Dairyland Rd. Re: Development Advisory Committee Report (UDO, Article 1, Section 1.9.5) On March 2, 2023, the Orange County Development Advisory Committee met for a final review and discussion of the conditional rezoning application from Dan Jewell CJT, PA for PIN's 9841- 52-7281, 9840-79-5091 (Case #: MA22-0006). The Orange County Development Advisory Committee has no objections to the approval of the zoning atlas amendment so long as the items in the attached departmental memos are addressed. The application package features an abstract and staff report that provide the foundations for my recommendation regarding this application and request. Sincerely, C --4-- Cy Stober Planning & Inspections Director Orange County Government I www.orangecountync.gov 1919732.8181 150 ORANGE COUNTY A. - W Department of Environment, Agriculture,Parks&Recreation MEMORANDUM To: Tyler Sliger,Planner II, Planning and Inspections Department From: Christian Himi,DEAPR Land Conservation Manager Date: December 15,2022 Re: Eden View Subdivision-Conditional District Rezoning Application Thank you the opportunity to review and comment on the proposed Glen Eden Subdivision-Conditional District Rezoning Application. The development would create 38 single-family lots on approximately 192 acres located east of Orange Grove Road and north of Dairyland Road(Cane Creek Protected Watershed). The subject property is compiled of two separate parcels (PIN'S 9841-52-7281 and 9840-79-5091). The property is directly adjacent to privately held conservation easements along the southern border upon land owned by Susan Nichols and Karen Sexton. The purpose of that conservation easement is to permanently protect and promote a vegetated buffer of several streams, including Watery Fork and its tributaries.Watery Fork, and a tributary flow named Hudson Branch,through and along the central and southern boundary of the subject property as they travel to Cane Creek Reservoir, 1.5 miles downstream. The headwater of another unnamed tributary is found on the northeast corner of the proposed development property. This tributary eventually joins Cane Creek, approximately 1 mile to the north. DEAPR comments on subdivisions are generally intended to a)address any concerns with respect to potential impacts on important natural or cultural resources,and b)identify any areas that might be desirable for possible dedication to the County for public recreation/open space pursuant to Section 7.11.5 of the Unified Development Ordinance. Natural Resources Review Comments: The plan calls for setting aside approximately 76 acres of Open Space(-40 percent) including areas around the farm pond,riparian buffers that help protect Watery Fork Creek,Hudson Branch,the unnamed tributary in the northeastern corner of the property, and most of the wetlands as delineated within the site plan. The proposed Open Space appears to be adequate to protect the stream corridors and all of the jurisdictional wetlands,less the proposed access road that transects the whole of the property. A section of the forested area on the northeast corner of the property, approximately 13 acres in size, is recognized in the 2030 Orange County Comprehensive Plan Future Land Use Map as a"Resource Protection Area". These areas were determined to be of conservation value considering several factors, including but not limited to the existence of floodplains,wetlands,bottomland hardwood forests, and soils of statewide importance. Cross referencing the State Natural Heritage Program dataset of the Biodiversity and Wildlife Corridor Assessment confirms the area to be of Low to Moderate conservation value. As such,this area would be a desired addition to any potential extension of the proposed open space on the tract. Overall,the plan appears consistent with the County's desire to minimize adverse environmental impacts with respect to the protection of floodplains,wetlands,natural areas and wildlife habitat. There are no additional natural resource areas of high significance (e.g.,natural heritage sites,proposed wildlife 151 corridors,threatened or endangered species) located on this property that would warrant further potential DEAPR recommendations for open space. Cultural Resources Review Comments: There are no previously identified historic properties or resources located on the subject parcel. As with any development,care should be taken to locate, identify and protect any potential human burial sites or cemeteries. The current Cemetery Census does not show any identified burials on this parcel. Anyone who encounters what appears to be a burial or grave should immediately contact the Orange County Cultural Resources Coordinator at 919-245-2517. Potential for Parks/Open Space Dedication: While there is an identified need and planned acquisition of a district park for Bingham Township,the amount of land generated by this development would not constitute sufficient or usable land area. Staff recommends that payment-in-lieu of dedication be utilized in this case. If you have questions please contact Christian at 245-2514 or Peter Sandbeck at 245-2517. 152 ORANGE COUNTY NORTI i C:AROUNA P!ANNING and INSPI?CI°ION5 Cy Stober,AICP,director I cstober@ia orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27 278 1919.245,2 575 MEMORANDUM TO: Cy Stober, AICP — Director, Planning & Inspections Department FROM: Christopher Sandt, PE — County Engineer; and Steve Kaltenbach — Erosion Control and Stormwater Supervisor CC: Patrick Mallett— Deputy Director Development Services DATE: March 8, 2023 CASE: MA22-0006 PIN: 0841-52-7281 and 9840-79-5091 WATERSHED: Cane Creek Protected (Cape Fear River Basin) PROJECT: Eden View Residential Conditional District (R-CD) Zoning Atlas Amendment SUBJECT: Summary of Findings Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Erosion and Sedimentation Control and Stormwater Management This memo summarizes the findings of an Erosion and Sedimentation Control and Stormwater Management assessment by the Orange County Development Services Division (hereafter, the "Division") of the submitted application for an R-CD Conditional District, submitted as the "Eden View" project (hereafter, the "project"). The project is located within 190.61 acres of property near the southeast intersection of Dairyland Road and Orange Grove Road in the Bingham township of Orange County, Forth Carolina. The request proposes- ■ 38-lot Residential Subdivision with Public and Private Roads-, ■ Primary and Secondary Common Open Space(s), and ■ Land anticipated to continue in Agriculture and Farm Use(e.g. pasture and ponds). The Staff comments contained herein are based upon the submittal of a required Site Plan and a Stormwater Narrative dated February 28, 2023. These findings should not be interpreted as the Division's final analysis/approval of the proposed development. Upon zoning approval, the proposed development would then be required to submit a Land Disturbing Permit (LDP) which would formally review and approve development activity consistent with these conceptual plans and calculations. Page 1 of 2 153 Erosion and Sedimentation Control: According to current Orange County GIS imagery of the project parcel, there are approximately six (6) mapped stream features or other water features (e.g. ponds and/or wetlands) within the project parcel boundaries. Grange County enforces stream buffers along streams, rivers, water bodies, and other water features (e.g. wetlands) as outlined in Section 6.13 of the Orange County UDO. Based on the submitted materials for the proposed development and anticipated limits of disturbance, the project could meet the basic Erosion and Sedimentation Control requirements as outlined in Section 6.15 of the Orange County UDO and could be developed as generally proposed. Stormwater Mana ement: The project parcel is located in the Cane Creek Protected Watershed Overlay District, and is therefore subject to compliance with the Jordan Lake Nutrient Management Strategy. There are no known Special Flood Hazard Areas (SFHAs) located on the project parcel. Based on the submitted materials for the proposed development, the project could meet the basic Stormwater Management requirements as outlined in Section 6.14 of the Orange County UDO. The project proposes the installation of one (1) permanent primary Stormwater Control Measure (SCM) to meet water quantity requirements (i.e. post-development stormwater runoff attenuation). The developer will be obligated to ensure post-development conditions with no net increase greater than 10% in peak flow leaving the project site from the pre-development conditions, consistent with 15A NCAC 02H.1002(44). The submitted Stormwater Narrative must be revised to provide supporting calculations as such. There are no water quality requirements (i.e. post-development nutrient attenuation) currently associated with the Watershed Overlay District within which the project site is located. The proposed primary SCM is currently identified as a. Dry Pond. The Site Plan, while preliminary at this stage of©range County review, meets applicable stormwater management requirements as outlined in Section 6.14 of the Orange County UDC} and is in general conformance with the North Carolina Stormwater Design Manual (i.e. Minimum Design Criteria). {Conclusion: The Division has No Objections to the approval of the rezoning request so long as a revised Stormwater Narrative and a complete LDP application and supporting pians and calculations are submitted to Orange County for review, processing and approval prior to commencement of on-site Land-Disturbing Activity. As the project progresses with engineering design, additional field observations, and/or permitting by others (e.g. US Army Corps of Engineers, NG Department of Environmental Quality, NC Department of Transportation, etc.), additional buffers, setbacks, and/or additional Orange County review and permitting may apply beyond the proposed development as shown with this rezoning request. C A lo/2.0 3 Christopher Sandt, PE Date 2:�� _�'/ Steve Kaltenbach Date Page 2 of 2 U see � 1 h �aSEmENTs BOUNDARY LINE EX- 13°" 1 PJ BRAD i _ g¢8 a EX.FARM (Y �N al DA#1-29 ACS '[ DA#1 9%EVIPERVIOUS=2.61 AC x \s ` L $ 2 UNDARY TOeA ND u2= U R I LOTS 25-32 z ry PI W 1 2.68 ACRE s se POND PROPOSED POND Yl Do p 6 \ DRAINAGE AREA _ _ e9° ROADWAY=0.44 AC oZy Y I 2121 AC EXISTING POND r-1 r\oov �� o °'� Tc=19.6min 17 AC o3o . DRAINAGE 1 3` qt-1a N�(,o.' WE—ND LOTS=2 5' AREA=zzAc 1 'aM q1= tvo I 11,815 SF/LOT 1 1 1 SRtUCIVRES N� / 1 / �o v � U v3. i l xo .roT.ow DA#2=103.70 LOTS 7-24 / 9%IMPERVIOUS=9.33 AC x u nce xw (n~U PROPOSED POND#2 � i `� \ s°mrowas y R ROADWAY=1.$2 AC DRAINAGE AREA=21 8 AC / ss Q a C LOTS=7.51 AC Tc=8.9mn 0 W� 18,174 SF/LOT q1=28.25&(pre) s90 - 2z�i ql 2.35d(post) BO - l� � y % DA#3 / 6 DA#3=57.632 AC x o _ LOTS 1-6&33-38 9%IMPERVIOUS=5.18 AC e ROADWAY=2.16 AC NOTES: EX 6 B\0 35 LOTS=3.02 AC Q. 1.ALL AREAS SHOWN HEREON ARE APPROXIMATE. 10,962SF/LOT )6 Q W 2.PER ORANGE COUNTY DEVELOPMENT SERVICES THIS PROJECT BY / °w RIGHT IS ENTITLED TO CONSTRUCT 6%IMPERVIOUS SURFACES. FURTHERMORE,ANY EXCESS IMPERVIOUS SURFACES GREATER THAN 6%, .,�t BUT NOT EXCEEDING 9%,MUST BE CONTROLLED VIA A SCM.WET PONDS / s It RY FOS Q U HAVE BEEN PROPOSED TO PROVIDE THE REQUIRED ATTENUATION. HOWEVER,IT MAY ONLY BE NECESSARY TO PROVIDE ONE POND.PONDS SHOWN HEREON ARE SCHEMATIC ONLY BASED ON PRELIMINARY CALCULATIONS IN EFFORT TO SHOW THAT THE PROPOSAL CAN WORK. THE SIZE AND NUMBER OF PONDS WILL BE FINALIZED AT THE SITE PLAN -- v/ REVIEW PROCESS. I � I 3.THE PROJECT SITE IS LOCATED IN THE CAPE FEAR RIVER BASIN(CANE CREE WATERSHED) 4.THE PURPOSE OF THIS PLAN IS TO SHOW CONFORMANCE WITH ORANGE / COUNTY LIDO 4.2.8(D) , I 5. BOUNDARY, / 3 � \ EXISTING POND DRAINAGE AREA,37 AC d C \ a PWSMUCYTON GS NOT REL ASz 0VERALL DRAINAGE MAP 1 200 155 ORANGE COUNTY HEALTH DEPARTMENT Improving health. Inspiring change. MEMORANDUM TO: Cy Stober, AICP — Director, Planning & Inspections Department FROM: Victoria Hudson — Orange County Environmental Health Division CC: Patrick Mallett— Deputy Director Development Services DATE: February 16, 2023 CASE: MA22-0006 PIN: 9841527281 WATERSHED: Cane Creek Protected PROJECT: 38-lot Flexible Subdivision Proposing Public Roads Residential Conditional District (R-CD) Zoning Atlas Amendment SUBJECT: Summary of Plan Review by Orange County Environmental Health Division This memo summarizes the summarizes the findings of an Orange County Environmental Health plan review of the application for a R-CD Conditional District, submitted as the "Eden View" project (hereafter, the "project"). The project is located within 109.76 acres of property at 4901 Dairyland Road. The request proposes development consisting of: ■ 38 lots The Staff comments contained herein are based upon the submittal of a required Site Plan, dated December 08 2022. These findings should not be interpreted as the Division's final analysis/approval of the proposed development. Soil and site evaluations have not been conducted by the Orange County Health Department, Environmental Health Division. The Health Department's role in the Amendment is one involving preliminary determination of soil suitability for septic systems. 919 245 2360 > 131 West Margaret Lane, Suite 100 > Hillsborough, NC 27278 > orangecountync.gov 156 Environmental Health Conditions X At this time, no application(s) have been received. Application(s) and fees required. X Improvement Permit(s) shall only be issued upon presentation of the exact structure to be constructed. X Permit(s) must be issued by the Orange County Health Department prior to any alteration of the lot(s). X Permit conditions may apply. X Existing EH records are attached. X Existing well and/or septic systems will be impacted. Contact Public Water Supply for on-site water supply. Other: Conclusion: EH has no objections to the approval of the zoning request so long as a the above list is addressed to the Orange County Health Department for processing, and issuance of Permits. This designation is not an Improvement Permit or Well Permit and not approval for a septic system or on-site water supply. Additional field observations and/or permitting by others may apply beyond the proposed development as shown with this request. Please direct any questions or requests for Laws, Rules, and policy to ehapplications(o)_orangecountync.gov. Z &W 02-16-2023 Victoria Hudson, MPA, REHS Date Or designee ORANGE COUNTY HEALTH DEPARTMENT 157 REFERENCE NUMBER DATEPIN MAP REFERENCE HI 53666 SOIL ANALYSIS 09. 03. 91 9841-70-1394 6. 14. . 7A REOUESTEE: OWNER: SNIPES GLADYS T SNIPES JIM HRS DAIRYLAMD ROAD HILLSBOROUGH NC 2757 RT 3 TELEPHONE: 942-1408 ��,7- � 3^ HILLSBOROUGH NC 27278 SPECIFICATIONS: T SIZE I ACREAGE: DESIGNATED WETLAND? YES TO SET UP SINGLE WIDE 3 BR A87. 4 NO LOCATION/DIRECTIONS: DAIRYLAND ROAD FEE: RECEIPT: SIGNATURE OF OWNER OR AUTHORIZED AGENT: 70 025954 CONFIRMED BY PLANNER: PLANNER RATE CLERK SLOPE TEXTURE - �_ STRUCTURE DEPTH_ DEPTH R. HOR -- IN. DRAIN _ EX. DRAIN S PERMEAB _ OVERALL _ REMARKS; vf • s 3� DATE _ _ EIVU HEALTH SIE _ __ _ SEE IMPORTANT INFORMATION ON THE REV SE SIDE PERMIT INFORMATION 158 1. General Information-Contact Information When contacting the Health Department concerning this document,be sure to know the reference number. This number must be used in all inquiries and inspection requests. No substantial changes or deviations from the information on the front of this document are allowed unless prior approval is obtained from the Health Department. The Environmental Health Staff is located at 306-0 Revere Road,Hillsborougb,11r.C.^The staff is available in this office or by telephonb, Mon.-Fri.,8:00 AM-9:00 AM and 4:30 PM-5:00 PM. Messages can be left for the staff at the following numbers: Hillsborough 732-8181, ext- 2360 Mebane 227-2031, ext. 2360 Durham 688-7331, ext. 2360 Chapel Hill 967-8251, ext. 2360 The issuance of the Improvements Permit in no way guarantees the issuance of other permits(e.g.Building Permits). Septic tank contractors and well contractors are responsible for notifying the Health Department for final inspections. II. Sewage Disposal Information Water supply and sewage disposal facilities,location,installation and protection must meet state and/or local regulations. The area approved for the installation of the sewage disposal system must be lett in an undisturbed state. Disturbance of this area may void permit. Septic tank and nitrification line must be inspected and approved by a representative of the Orange County Health Department staff before any portion of the installation is covered and/or put into use. { This permit is only valid for structure listed for 5 years following date of issuance. Septic tank should be pumped out every 3 to 5 years and shall be maintained in such a manner as not to create a public health hazard. Nitrification line shall be installed with an undisturbed earth dam each 50 feet. Each septic tank shall be installed with an access riser on the inlet end that extends to grade level. A Certificate of Completion or issuance of a operations permit shall indicate the septic system has been constructed to the standards set forth in the regulations,but shall in no way be taken as a guarantee that the system will function satisfactorily for any given period of time. Ill. Water Supply Information Well location, installation, and protection must meet state and local regulations and must be inspected and approved by a representative of the Orange Country Health Department before any portion of the installation is put into use. A well permit must be issued by the Orange County Health Department before construction of a well begins. The Well Permit is valid for one year following date of issuance. The siting of the well by the Health Department staff is to provide protection from known possible sources of contamination, No volume of water is guaranteed at any site designated by the Health Department. The well owner should pour a 41/2' x 41h' cement slab surrounding the well casing after the well contractor has completed the grouting of the well. The well casing should be in the center of the slab. IV. Minimum Distances` A. Sewage Disposal Systems B. Private Wells' 1. Private water supplies 100' 1. Watertight sewer lines 50' 2. Public water supply sources 2. Ground absorption sewage tributaries 100' disposal systems 100' 3. A-11 Streams 50' 3. Property lines 10' 4. lakes,ponds,impoundments 50' 4. Building foundations 50' 5. Building foundations 15' 6, Basements 15' 7. Property lines 10' 8. Embankments or cuts 15' 9. Water lines 10' 10. Swimming pools 25' 'Variances can be qiven on some distances; please call Health Department if you feel a variance is necessary. 'Add 2.5'for a low pressure pipe system. ORANGE COUNTY HEALTH DEPARTMENT 159 REFERENCE NUMBER ! � /L � PIN NEAP REFERENCE• a ` l TELEPHONE: S IRCATIQNS_ L n _ - LOT SIZE l ACaF�rEQ lL� //J TED YVEFLAND7 //vf C��, (►J°Il�'c!/-' `Fl• 7 / YES NO LO ON/01RECTIONS: FEE: RECEIPT: SI NATURE OF OWNER!/ AUTHORIZED AGENT: '70 Da�9.s CONFIRMED BY PLANNER: PLANNER DATE CLERK SEE IMPORTANT INFORMATION ON THE REVERSE SIDE PERMIT INFORMATION 160 I. General Information-Contact Information When contacting the Health Department concerning this document,be sure to know the reference number. This number must be used in all inquiries, and inspection requests. No substantial changes or deviations from the information on the front of this document are allowed pnless prior approval is obtained from the Health,Department. The Environmental Health Staff is located at 306-0 Revere Road, Hillsborough,N.C. The staff is available in this office or by telephone, Mon.-Fri.,8:00 AM-9:00 AM and 4:30 PM-5:00 PM. Messages can be left for the staff at the following numbers: Hillsborough 732-8181, ext. 2360 Mebane 227-2031, ext. 2360 Durham 688-7331, ext. 2360 Chapel Hill 967-9251, ext. 2360 The issuance of the Improvements Permit in no way guarantees the issuance of other permits(e.g.Building Permits). Septic tank contractors and well contractors are responsible for notifying the Health Department for final inspections. 11. Sewage Disposal Information Water supply and sewage disposal facilities,location,installation ana protection must meet state and/or local regulations. The area approved for the installation of the sewage disposal system must be lett in an undisturbed state. Disturbance of this area may void permit. Septic tank and nitrification line must be inspected and approved by a representative of the Orange County Health Department staff before any portion of the installation is covered and/or put into use. This permit is only valid for structure listed for 5 years following date of issuance. Septic tank should be pumped out every 3 to 5 years and shall be maintained in such a manner as not to create a public health hazard. Nitrification line shall be installed with an undisturbed earth dam each 50 feet. Each septic tank shall be installed with an access riser on the inlet and that extends to grade level. A Certificate of Completion or issuance of a operations permit shall indicate the septic system has been constructed to the standards set forth in the regulations, but shall in no way be taken as a guarantee that the system will function satisfactorily for any given period of time. Ill. Water Supply Information Well location, installation, and protection must meet state and local regulations and must be inspected and approved by a representative of the Orange County Health Department before any portion of the installation is put into use. A well permit must be issued by the Orange County Health Department before construction of a well begins. The Well Permit is valid for one year following date of issuance. The siting of the well by the Health Department staff is to provide protection from known possible sources of contamination. No volume of water is guaranteed at any site designated by the Health Department. The well owner should pour a 41/2' x 41/2' cement slab surrounding the well casing after the well contractor has completed the grouting of the well. The well casing should be in the center of the slab. IV. Minimum Distances' A. Sewage Disposal Systems B. Private Wells' 1. Private water supplies 100' 1. Watertight sewer lines 50' 2. Public water supply sources 2. Ground absorption sewage tributaries 100' disposal systems 100' 3. A-11 Streams 50, 3. Property lines 10' 4. Lakes,ponds,impoundments 50' 4. Building foundations 50' 5. Building foundations 15' 6. Basements 15' 7. Property lines 10' 8. Embankments or cuts 15' 9. Water lines 10' 10. Swimming pools 25' 'Variances can be given on some distances: please call Health Department if you feel a variance is necessary. 'Add 2.5'for a low pressure pipe system. Y tG� 161 ORANGE COUNTY HEALTH DEPARTMENT Improvements Permit Date: g a Township: Owner: 111 L, j 2 ����� � �� � Tax Map Na: IT Location:T)N ' P, 1) Block: Lot No: IA Contractor: Water. Su 1 Private Public Community Sewage disposal facilities: No. Bedrooms: Clothes Washer Garba e-D �posal • Dishwasher An Size tank: DCO --At r `Ttljo �-vl�� Nitrification line with undisturbed earth clam each 50 feet Other disposal facility: 'r I �. � Water supply and sewage disposal facilities location, installation and protection must meet state and local regulations. Septic tank should be pumped out every 3 to 5 years and shall be maintained by owner in such a manner as not to create a public health hazard. Septic tank and nitrification line MUST BE INSPECTED AND APPROVED BY A MEMBER g JE O. GE COUNTY HEALTH DEPARTMENT STAFF BEFORE ANY PORTION OF THE INSTALLATION IS COVERED AND PUT INTO USE. THIS PER IT IS Y fVALID FOR STRUCTURE LISTED- FOR -3•YEARS FOLLOWING DATE OF I SUANCE. Signed.: Countersigned: ] 1 / ' Sanitarian n � ) . w r epresentative Certificate of Completion) Date approved: "[ {� By: MOM Sani arian Remarks: GRID SPACE: t r _ 162 f g_ i spa / � I A 63 r, I J �11 164 -ORA'•737- r;'' TJTy 17ALT9 7?A2707T JIM 99D71 _•E T, L,.y. 79my - - ----- (Z,� 'jl�'�•nr�r_...Fl,,,.�-.._;�.:^1Qt�---rl�lttil','^LZ8"� JY- 'J•d'-'1'".'' _- - .; ���~- - -- �`.--'----�-i'� � _ . AsIn TAM M 77 PA --"rte/ Y T,j t `val'iatiO'. Coil MAYAS T,;7r 1•.rr?na�� nPrmit in9noct-iOn P/ ification Q'1 QS 701pint ion T•'S:at)enY 1Q'Z , PTTRP:)� , }}; I-' ,T' t.7 jete-ii e 7'li.tahilit'a i7., •' O'I1:� 1`+S•7^�iY.IO'1 i�d3�; jlsposa. syltel. S?? 'IFI` ": T'l.•j nr. NIP"71 MICTUM / S - nTIME'q TI r� t ,., � c ;a� :�r � ti4 Or Pur - (7his ai, at loe i�1:�'kca'"'T i- amiss has be�� __. . �)'?3E� ii'�tf7n!'1?ral :)y thi•� 'E17r'< 7:" 'r— .;•.�^.14I'r.. .,T+ ^�T�rT'i'�`T !�'!'i.'1T.. 7''�?�j��',�j' i,r. `»gyp^,;TY �L'� ';��' PAS; POPR OY �'A 5 ,' 7XPL'1?.AmT.')T OF Z Ar M, .S 'TTTN9LAr jTIVTCT : r ORANGE COUNTY HEALTH OE'r ART:`ZNT' WORK ORDER TOWNSHIP 16 TAX P%P ' aLOcc� LOT # VAi-E OF PRCFE'ir TY MINER: . PERSON R£CUESTI�iG TEST. If different. franc owner - authorized by owner: YES ADDRESS: �2 .4Fv " Z,�� �-1 -go TELEPI�QNE: DIRECTION%PROPVM OESC.RIPTICN �.� WORK REgUESTED: FEE PAM: PRELISLNIARY LOT E-VALUATIMN SOIL ANALYSIS 111PROVDiENT PERMIT 0SPECTICN Sal CERTIFICATION OF COMPLETION LNSPECTI N' PURPOSE OF REOUEST is to determine suitability for graund ab=rptinn sewage c s- - pawl system. SFECIFiCATION OF PROPOSED STRUCTURE: MINER OF AUTHORIZED AGECNT. This. signature indicates permission has been granted to enter property gar purposes authorized by this work order. ) CLASSIFICATION OF SOIL FACTORS (CIRCLE) : SLOPE P5 TEXTURE PS STRUCTUREPS OEPTH 405 REaiRICTI��c RI7�.. ?g ORA INAGE PS PEn;•tEA8SLY T YP: GCx>> SITE CLASSIFICATION' (CIRCLE) SUITABLE U'NSUITA6LE Exp i anation: L'F �:SL::VI'1�:F r5t St ,'.C�. ..�.�5� l -/ � y� •`� �iiw'�iT�ir�1 �r SANZ TARiAN i - — 166 WORK ORDER DATE - 4:5-- WELL APPLICATION-WELL PERMIT / p PAID FEE Property Owner r.GGc.Li 6'?o Location/Direction: Person Requesting: , ,�y, � � Address d - Telephone No. - 7 (If different from owner - authorized by owner: YES NO TOWNSHIP TAX MAP NO. BLOCK: LOT: TYPE WELL: ��_L '� WELL CONTRACTOR G N)7U STATE REG. NO. ADDRESS OWNER OR AUTHORIZED AGENT: l~ r\ r\ (This signature indicates pernflssion ha een granted to enter p' e y fo ur s authorized by this work Nrd Signed: DATE: 11 S itarian WELL LOCATION, INSTALLATION, AND PROTECTION MUST MEET STATE AND LOCAL REGULATIONS A ST BE INSPECTED AND APPROVED BY A MEMBER OF THE ORANGE COUNTY HEALTH DEPARTMENT STAFF BEFORE ANY PORTION OF THE IST LATION IS PUT INTO USE. THIS 7,� PERMIT IS VALID FOR ONE (1) YEAR FOLLOWING DATE OF ISSUANCE. COMPLETION INFORMATION Well size: l(J�E) Well Depth: �5 Casing depth:, :5 Grou ing pth ?91—T.Vpe' Grouting: Well Yield: G.P.M. Static water level: CS Date Comp e e "Driller on site: Approved by: Date: S ari / GRID SPACE 136 12-9- D v � 167 � + Orange County Emergency Services A Prepared,Coordinated,and Integrated Emergency Services System E-911 I Fire Marshal I EMS I Emergency Management Fire & Life Safety Division TO: Cy Stober, AICP — Director, Planning & Inspections FROM: Elizabeth Farnan — Fire Marshal, Emergency Services CC: Tyler Sliger- Planner II, Planning & Inspections Date: March 7, 2023 CASE: MA22-0006 (Edenview) PIN: 9841527281 PROJECT: Subdivision Residential Conditional District (R-CD) Zoning Atlas Amendment SUBJECT: Site Plan Review Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Emergency Apparatus Access, Addressing, and Water Availability for Required Fire Flow This memo is to show that the Fire Marshal Division has NO OBJECTIONS to the approval of the rezoning request. All requirements have been met for emergency apparatus access to the site, addressing, and water flow requirements. March 7, 2023 Elizabeth Farnan, FM Date 510 Meadowlands Drive I Hillsborough, NC 27278 1 (919) 245-6100 Main Office www.orangecountync.gov/oces 168 MEMORANDUM TO: DEVELOPMENT ADVISORY COMMITTEE FROM: MATT TAYLOR,ORANGE COUNTY SOLID WASTE MANAGEMENT SUBJECT: COMMENTS ON MA22-0006 DATE: 3/2/23 MA22-0006: Applicant indicated on sheet C 1.1 that they will be utilizing private collection for both solid waste and recycling. OC Solid Waste requires a "Will-Serve" letter from the private hauler that will be servicing the site to confirm that based on the latest set of plans that said private hauler can and will provide recycling collection that at a minimum meets OC Solid Requirements for recyclable materials collected. 169 ORANGE COUNTY GOVERNMENT ORANGE TRANSPORTATION SERVICES DEPARTMENT ri 'COUNTY t .rk�l k i C131t *.1 euemSeGmt TECHNICAL MEMORANDUM TO: Cy Stober, Planning Director Brian Collie, Planner II FROM: Nishith Trivedi, Transportation Director DATE: December 15, 2022 SUBJECT: DAC Transportation Review: # MA22-0006 The following memo summarizes Orange County Transportation Services (OCTS) review of application #MA22-0006, Dairyland Road, Rezoning Application. OCTS analyzed the documents listed below in accordance with County Unified Development Ordinance (UDO) and all transportation policies, programs, and plans: 1. Site Analysis and Subdivision Plans 2. Application 3. Zoning Report We offer the following assessment for Development Advisory Committee's (DAC) considerations. Methodology: The following resources are used, each with separate comments: UD O: Does not meet Traffic Impact Analysis (TIA) threshold section 6.17.2(A).(2) Subidivision • Proposed development proposes only 38 lots, 80 required for TIA Orange County Complete Street PolicV: Request applicant provide opportunities for all travel modes especially bike, pedestrian and transit. Orange County Vision Zero Policy: No Comment Short Range and Long Range Transit Plans: No Comment All other Transportation Plans: County Priority — This portion of Dairyland Road is a county priority modernization, (e.g. 4' paved shoulders) Thank you very much for the opportunity to review and provide comments. Please forward any questions, comments or concerns to Nishith Trivedi at ntrivedi orangecountync.gov. 600 Hwy 86 N - Hillsborough, North Carolina 27278 Phone (919)245-2008 • Fax (919)732-2137 170 Tyler Sliger From: Jones, DeAngelo J <djjones1 @ncdot.gov> Sent: Tuesday, March 14, 2023 10:13 AM To: Tyler Sliger Cc: Chuck Edwards Contact Subject: RE: [External] Memo for MA22-0006 (Edenview) Hello Tyler Please find comments from my review of Edenview. Permitting Y An NCDOT Driveway Permit submittal is required to be uploaded to the portal. Y An NCDOT Subdivision Minimum Construction Standards Review submitted as hard copy to the District Office is required. Traffic Edenview is a proposed 38 lot subdivision with primary access on SR 1177, Dairyland Road.The 38 lots will not generate enough trips to meet the NCDOT threshold to require a traffic study. Using the Average Daily Trips information provided by NCDOT, Dairyland Road is a low volume roadway. Using this information, I have the following comments: Y Will Orange County be requiring a traffic study? Y Please mark the proposed driveway location in the field for further investigation. General Plan Review Y Please provide additional design detail at the driveway connection. Y Please provide additional roadway design detail of internal network such as horizontal curve data, roadway lengths, centerline profiles with vertical curve data etcetera. Y You will need to provide stormwater and drainage calculations. Y Provide additional information of waterway crossings such as pipe sizes and material o Please note pipe sizes 48" and larger will be required to be reviewed by the Hydraulics and Geotechnical Units. Y Does roadway width meet Fire Code? Y To meet eligibility for road addition to the State maintenance system, please verify that there are 2 proposed homes per tenth of mile. Y There must be a minimum of 2 homes accessing the cul-de-sacs. If you have any additional questions, please feel free to reach out to me using information provided below. Regards DeAngelo J. Jones Senior Assistant District Engineer North Carolina Department of Transportation Division of Highways Division 7, District 1 i 171 �1. ORANGE COUNTY NORTH C:AROUNA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1 131 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575 April 26, 2023 Finding of No Significant Impact (FONSI) Eden View Acres Subdivision (PINs 9841527281 and 9840795091) To Whom It May Concern: On December 8, 2022, Orange County Planning received an Environmental Assessment application for Eden View Acres Subdivision. In addition to conducting review at the March 2 Orange County Development Advisory Committee, County staff forwarded application materials to the North Carolina State Clearinghouse for review by the various state agencies. Based on the applicant's application and review comments received from all reviewing agencies, staff makes a Finding of No Significant Impact for the project. Very Respectfully, Taylor Perschau Current Planning and Zoning Supervisor Orange County Planning & Inspections Department 1 Orange County Government I www.orangecountync.gov 1 919.732.8181 �c STATE oF� 172 o.173 � n *�5C QL M+NOE"'r ROY COOPER NORTH CAROLINA Governor Environmental Quality ELIZABETH S.BISER Secretary To: Crystal Best State Clearinghouse NC Department of Administration From: Lyn Biles Division of Environmental Assistance and Customer Service Washington Regional Office Re: 23-0163 Environmental Assessment- Proposed project is for the construction of Eden View Subdivision, 39 single-family lots on approximately 192 acres. Orange County Date: March 14, 2023 The Department of Environment Quality has reviewed the proposal for the referenced project. Based on the information provided, several of our agencies have identified permits that may be required and offered some valuable to help minimize impacts to aquatic and terrestrial wildlife resources.The comments are attached for the applicant's review. The Department will continue to be available to assist the applicant with any questions or concerns. Thank you for the opportunity to respond. D E Q� North Carolina Department of Environmental Quality 217 West Jones Street 1 1601 Mail Service Center I Raleigh,North Carolina 27699-1601 NORTH CAROLINA oepammammEnvi.,Q.„ifty 919.707.8600 173 r North Carolina Wildlife Resources Commission f Cameron Ingram, Executive Director MEMORANDUM TO: Lyn Hardison,Environmental Assistance and SEPA Coordinator NCDENR Division of Environmental Assistance and Customer Services FROM: Olivia Munzer,Western Piedmont Coordinator Habitat Conservation DATE: 08 March 2023 SUBJECT: Request for Review of Eden View Subdivision Environmental Assessment in Bingham, Orange County,North Carolina. DEQ Project No. 23-0163. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the proposed project description. Comments are provided in accordance with certain provisions of the United States (U.S.) National Environmental Policy Act, Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), and North Carolina General Statutes (G.S. 113-131 et seq.). CJT PA is proposing to construct the Eden View Subdivision located at 4901 Dairyland Road in Bingham,Orange County,North Carolina. The 190.61-acre site will consist of 38 single-family homes, a pavilion with parking, greenhouse, and a working farm with associated structures. According to the documents, approximately 76 acres will be Open Space and it will include the farm pond,riparian buffers around Watery Fork Creek,Hudson Branch, an unnamed tributary in the northeast corner of the property, and most of the wetlands. Hudson Branch and Watery Fork Creek and their unnamed tributaries occur on the site. Wetlands and a farm pond are also located on the site. Watery Fork Creek and Hudson Branch are classified by NC Division of Water Resources as Water Supply II streams,High Quality Waters, and Nutrient Sensitive Waters, and Watery Fork Creek is also a Critical Area. The site is in the Cane Creek Watershed within the Cape Fear River Basin. We have records of the state endangered Carolina creekshell(Villosa vaughaniana), state threatened creeper(Strophitus undulatus), and Carolina darter(Etheostoma collis)within the Cane Creek Watershed. The U.S. Fish and Wildlife Service lists the proposed endangered tricolored bat(Perimyotis subflavus) and candidate monarch butterfly(Danus plexippus)as having the potential to occur within the site if habitat is present. Although we do not have records for state or federally-listed rare,threatened, or endangered species at the site. The lack of records from the site does not imply or confirm the absence of federal or state-listed species. An on-site survey is the only definitive means to determine if the proposed project would impact state or federally listed rare,threatened, or endangered species. We have concerns for the increase in impervious surface,which results in an increase in stormwater Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 174 08 March 2023 Page 2 Eden View Subdivision EA DEQ Project No.23-0163 runoff that can exert significant impacts on stream morphology. This will cause further degradation of aquatic habitat through accelerated stream bank erosion, channel and bedload changes, altered substrates, and scouring of the stream channel. In addition,pollutants(e.g., sediment,heavy metals,pesticides, and fertilizers)washed from developed landscapes can adversely affect and extirpate species downstream. We offer the following preliminary recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. Since Watery Fork and Hudson creeks occur on site,we highly recommend maintain a minimum 100-foot undisturbed,native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources,water quality,and aquatic habitat both within and downstream of the project area. Also,wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with urban stormwater. 2. We recommend designing the subdivision with the lots located in previously cleared and disturbed areas(pasture) and minimizing the amount of trees and other native vegetation that will be cleared for the development. 3. Avoid tree clearing activities during the maternity roosting season for bats(May 15 —August 15) because of the decline in populations of several bat species, including the proposed endangered tricolored bat. 4. NCWRC may request surveys for the presence of state protected mussel species if streams are impacted. 5. Use non-invasive native species and Low Impact Development(LID)technology in landscaping. Using LID technology in landscaping will not only help maintain the predevelopment hydrologic regime,but also enhance the aesthetic and habitat value of the site. LID techniques include permeable pavement,narrower roads, and bioretention areas (ex. rain gardens)that can collect stormwater from driveways and parking areas. Additional information on LID can be found at the NC State University LID guide: https://www.uni-groupusa.org/PDF/NC_LID_Guidebook.pdf. Consider constructing the subdivision as a wildlife friendly development (https://www.ncwildcertify.org/).Also,NCWRC's Green Growth Toolbox provides information on nature-friendly planning (http://www.ncwildlife.org/Conservin /g Programs/GreenGrowthToolbox.aspx). 6. Re-seed disturbed areas with seed mixtures or native plants that are beneficial to wildlife. Avoid using invasive,non-native plants(i.e.,tall fescue,lespedeza,nadina, and Bermudagrass)in seed mixtures or landscaping plants(http://www.ncwildflower.org//plant_galleries/invasives_list). In open areas, consider planting native,wildflower seed mixes that will create pollinator habitat within the project boundary. 7. We recommend using green construction techniques to improve water,waste, and energy efficiency. Consider using wildlife friendly outdoor lighting since light pollution can impact the circadian rhythms of animals, disrupt behavior, cause injury, or death. Lights should only be on when needed;use lights only where necessary; lights should have wavelength greater than 560 nm emissions(i.e.,narrow-spectrum LEDs or low-pressure sodium);mount the fixture as low as possible;use the lowest wattage necessary; and lights should be fully shielded. 8. Erosion and sediment control measures should conform to the High Quality Water Zones standards stipulated in the NC Department of Environmental Quality Erosion and Sediment Control Plan(https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral- land-permit-guidance/erosion-sediment-control-plannin gg design-manual). Sediment and erosion control measures should use advanced methods and installed prior to any land-disturbing activity. 9. The use of biodegradable and wildlife-friendly sediment and erosion control devices is strongly recommended throughout the site.Matting used for stabilization should be free of nylon or plastic mesh, as it frequently entangles wildlife and it is slow to degrades,resulting in a hazard that may 175 08 March 2023 Page 3 Eden View Subdivision EA DEQ Project No.23-0163 last for years. 10. a)The culvert must be designed to allow for aquatic life and fish passage. Generally,the culvert or pipe invert should be buried at least 1 foot below the natural streambed(measured from the natural thalweg depth). If multiple barrels are required,barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation(similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream and downstream ends to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to entrap wildlife or support mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel(s) during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1)by depositing sediments in the barrel, 2)by maintaining channel depth and flow regimes, and 3)by providing resting places for fish and other aquatic organisms. In essence,base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. b) If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. c) Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment.Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. d) Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. The NCWRC encourages the applicant to consider additional measures to protect wildlife species in developing landscapes. More detailed information on each of these measures and supporting literature can be found in NCWRC's Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality(August 2002; http://www.ncwildlife.org/Portals/O/Conserving/documents/2002 GuidanceMemorandumforSecondaryan dCumulativelmpacts.pdf). At this time,the information provided is not sufficient for our staff to make definitive recommendations or conclusions concerning this project. Please contact me at(336)269-0074 or olivia.munzerkncwildlife.org if there are any questions about these comments or for free technical guidance. 176 RECOMMENDED NATIVE ALTERNATIVES FOR NON-NATIVE GRASSES IN NORTH CAROLINA* (Species are appropriate for all geographic regions unless otherwise indicated) NON-NATIVE SPECIES NATIVE SPECIES Big bluestem Andropogon gerardii Little bluestem Schizachyrium scoparium Indiangrass Sorghastrum nutans Crownvetch Switchgrass Panicum virgatum Centipede Beaked panicgrass Panicum anceps Bermuda Purpletop Tridens flavus Roundheaded bushclover Lespedeza capitata Deer tongue Dicanthelium clandestinum Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata Big bluestem Andropogon gerardii Little bluestem Schizachyrium scoparium Indiangrass Sorghastrum nutans Switchgrass Panicum virgatum Kentucky bluegrass Beaked panicgrass Panicum anceps Tall fescue Purpletop Tridens flavus Sudangrass Broomsedge Andropogon virginicus Deer tongue Dicanthelium clandestinum Canadian wildrye Elymus canadensis Virginia wildrye Elymus virginicus Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata Switchgrass Panicum virgatum Splitbeard bluestem Andropogon ternarius Sericea lespedeza Beggarlice Desmodium spp. Kobe lespedeza Deer tongue Dicanthelium clandestinum Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata 177 NC Native Plant Recommendations **A recommended revegetation/stabilization mix would ideally include a combination of the species listed in this table. In addition, please note that additional consideration may be needed in areas that are (highly) erodible and/or have sloped terrain. The following species could be included in all regions for additional stabilization and wildlife benefit: Black-eyed susan: Rudbeckia hirta Plains coreopsis: Coreopsis tinctoria Lance-leaved coreopsis: Coreopsis lanceolata Narrow-leaved sunflower: Helianthus angustifolius Created October 2018 State of North Carolina Department of Environmental Quality 178 INTERGOVERNMENTAL REVIEW PROJECT COMMENTS Reviewing Regional Office: Raleigh Project Number: 23-0163 Due Date:3/8/2023 County: Orange After review of this project,it has been determined that the DEQ permit(s)and/or approvals indicated may need to be obtained for this project to comply with North Carolina Law.Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form.All applications,information and guidelines relative to these plans and permits are available from the same Regional Office. Normal Process PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time (Statutory time limit) Permit to construct&operate wastewater Application 90 days before begins construction or award of treatment facilities,non-standard sewer system❑ 30 days extensions&sewer systems that do not construction contracts.On-site inspection may be required.Post- (90 days) discharge into state surface waters. application technical conference usual. Permit to construct&operate,sewer extensions involving gravity sewers,pump Fast-Track Permitting program consists of the submittal of an 30 days ❑ stations and force mains discharging into a application and an engineer's certification that the project meets all (N/A) sewer collection applicable State rules and Division Minimum Design Criteria. system NPDES-permit to discharge into surface water Application 180 days before begins activity.On-site inspection.Pre- and/or permit to operate and construct application conference usual.Additionally,obtain permit to construct 90-120 days wastewater facilities discharging into state wastewater treatment facility granted after NPDES.Reply time,30 days (N/A) surface waters. after receipt of plans or issue of NPDES permit-whichever is later. El Water days Water Use Permit Pre-application technical conference usually necessary. (N/A) Complete application must be received,and permit issued prior to the ❑ installation of a groundwater monitoring well located on property not 7 days Well Construction Permit owned by the applicant,and for a large capacity(>100,000 gallons per (15 days) ) day)water supply well. Application copy must be served on each adjacent riparian property ❑ owner.On-site inspection.Pre-application conference usual.Filling may 55 days Dredge and Fill Permit require Easement to Fill from N.C.Department of Administration and (90 days) Federal Dredge and Fill Permit. Permit to construct&operate Air Pollution Application must be submitted,and permit received prior to ❑ construction and operation of the source. If a permit is required Abatement facilities and/or Emission Sources as in an area without local zoning,then there are additional 90 days per 15 A NCAC(2Q.0100 thru 2Q.0300) requirements and timelines(2Q.0113). Any open burning associated with subject ® proposal must be in compliance with 15 A NCAC N/A 60 days (90 days) 2D.1900 Demolition or renovations of structures Please Note-The Health Hazards Control Unit(HHCU)of the N.C. containing asbestos material must be in Department of Health and Human Services,must be notified of plans to ® compliance with 15 A NCAC 20.1110(a)(1) demolish a building,including residences for commercial or industrial 60 days which requires notification and removal prior to expansion,even if no asbestos is present in the building. (90 days) demolition.Contact Asbestos Control Group 919-707-5950 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity.An erosion& sedimentation control plan will be required if one or more acres are to be disturbed.Plan must be filed with and approved 20 days ® by applicable Regional Office(Land Quality Section)at least 30 days before beginning activity. A NPDES Construction Stormwater permit(NCG010000)is also usually issued should design features meet minimum requirements. A fee of (30 days) $100 for the first acre or any part of an acre. An express review option is available with additional fees. Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular (30 days) ❑ attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable Stormwater conveyances and outlets. Sedimentation and erosion control must be addressed in accordance with Local Government's approved program. Based on Local ❑ Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable Stormwater conveyances and outlets. Program ❑ Compliance with 15A NCAC 04B.0125—Buffers Zones for Trout Waters shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five percent(25%)of the buffer zone nearest the land-disturbing activity,whichever is greater. ® Compliance with 15A NCAC 2H.0126-NPDES Stormwater Program which regulates three types of activities:Industrial, 30-60 days Municipal Separate Storm Sewer System&Construction activities that disturb>_1 acre. (90 days) Compliance with 15A NCAC 2H 1000-State Stormwater Permitting Programs regulate site development and post- 45 days ❑ construction stormwater runoff control. Areas subject to these permit programs include all 20 coastal counties,and (90 days) various other counties and watersheds throughout the state. DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 1 of 3 April 4,2022/lbh State of North Carolina Department of Environmental Quality 179 INTERGOVERNMENTAL REVIEW PROJECT COMMENTS Reviewing Regional Office: Raleigh Project Number: 23-0163 Due Date:3/8/2023 County: Orange Normal Process PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time (Statutory time limit) On-site inspection usual.Surety bond filed with DEQ Bond amount ❑ varies with type mine and number of acres of affected land.Affected 30 days Mining Permit area greater than one acre must be permitted.The appropriate bond (60 days) must be received before the permit can be issued. If permit required,application 60 days before begin construction. Applicant must hire N.C.qualified engineer to prepare plans,inspect construction,and certify construction is according to DEQ approved ® Dam Safety Permit plans.May also require a permit under mosquito control program.And 30 days a 404 permit from Corps of Engineers.An inspection of site is necessary (60 days) to verify Hazard Classification. A minimum fee of$200.00 must accompany the application.An additional processing fee based on a percentage,or the total project cost will be required upon completion. ❑ Oil Refining Facilities N/A 90-120 days (N/A) File surety bond of$5,000 with DEQ running to State of NC conditional 10 days ❑ Permit to drill exploratory oil or gas well that any well opened by drill operator shall,upon abandonment,be N/A plugged according to DEQ rules and regulations. Application filed with DEQ at least 10 days prior to issue of permit. 10 days ❑ Geophysical Exploration Permit Application by letter.No standard application forms. N/A Application fee based on structure size is charged.Must include 15-20 days ❑ State Lakes Construction Permit descriptions&drawings of structure&proof of ownership of riparian N/A property Compliance with the T15A 02H.0500 Certifications are required 60 days ❑ 401 Water Quality Certification whenever construction or operation of facilities will result in a (130 days) discharge into navigable water as described in 33 CFR part 323. Compliance with Catawba,Goose Creek,Jordan Lake,Randleman,Tar Pamlico or Neuse Riparian Buffer Rules is required.Buffer requirements: ❑ http:/Ideg.nc.gov/`about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-riparian- buffer-protection-program Nutrient Offset:Loading requirements for nitrogen and phosphorus in the Neuse and Tar-Pamlico River basins,and in the Jordan and Falls Lake ❑ watersheds,as part of the nutrient-management strategies in these areas. DWR nutrient offset information: http://deg.nc.gov/about/divisions/water-resources/plann ing/nonpoint-source-management/nutrient-offset-information ❑ CAMA Permit for MAJOR development $250.00-$475.00 fee must accompany application 75 days (150 days) ❑ CAMA Permit for MINOR development $100.00 fee must accompany application 22 days(25 days) ❑ Abandonment of any wells,if required must be in accordance with Title 15A.Subchapter 2C.0100. ❑ Notification of the proper regional office is requested if"orphan"underground storage tanks(USTS)are discovered during any excavation operation. Plans and specifications for the construction,expansion,or alteration of a public water system must be approved by the Division of Water Resources/Public Water Supply Section prior to the award of a contract or the initiation of construction ® as per 15A NCAC 18C.0300 et.seq.,Plans and specifications should be submitted to 1634 Mail Service Center,Raleigh, 30 days North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring requirements.For more information,contact the Public Water Supply Section,(919)707-9100. If existing water lines will be relocated during the construction,plans for the water line relocation must be submitted to ® the Division of Water Resources/Public Water Supply Section at 1634 Mail Service Center,Raleigh,North Carolina 27699- 30 days 1634.For more information,contact the Public Water Supply Section,(919)707-9100. Plans and specifications for the construction,expansion,or alteration of the water system must be approved through the delegated ❑ plan approval authority. Please contact them at for further information. DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 2 of 3 April 4,2022/lbh State of North Carolina Department of Environmental Quality 180 INTERGOVERNMENTAL REVIEW PROJECT COMMENTS Reviewing Regional Office: Raleigh Project Number: 23-0163 Due Date:3/8/2023 County: Orange Other Comments(attach additional pages as necessary,being certain to comment authority) Division Initials No Comments Date comment Review DAQ SH ❑ See checked boxes above. 2/15/2023 DWR-WQROS ❑ & (Aquifer&Surface) & DWR-PWS SG ❑ See checked boxes above. 2/15/2023 DEM LR(LQ&SW) CA ❑ See checked boxes above. 3/8/2023 DWM—UST MRP ® 3/8/2023 Other Comments ❑ / / REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below. ❑ Asheville Regional Office ❑ Fayetteville Regional Office ❑ Mooresville Regional Office 2090 U.S.70 Highway 225 Green Street,Suite 714, 610 East Center Avenue,Suite 301, Swannanoa,NC 28778-8211 Fayetteville,NC 28301-5043 Mooresville,NC 28115 Phone:828-296-4500 Phone:910-433-3300 Phone:704-663-1699 Fax:828-299-7043 Fax:910-486-0707 Fax:704-663-6040 ❑ Raleigh Regional Office ❑ Washington Regional Office ❑ Wilmington Regional Office 3800 Barrett Drive, 943 Washington Square Mall, 127 Cardinal Drive Ext., Raleigh,NC 27609 Washington,NC 27889 Wilmington,NC 28405 Phone:919-791-4200 Phone:252-946-6481 Phone:910-796-7215 Fax:919-571-4718 Fax:252-975-3716 Fax:910-350-2004 ❑ Winston-Salem Regional Office 450 Hanes Mill Road,Suite 300, Winston-Salem,NC 27105 Phone:336-776-9800 Fax:336-776-9797 DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 3 of 3 April 4,2022/lbh F�c STATE 181 h "rT ROY COOPER Governor 2 ELIZABETH S.BISER Secretary *�`Q MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality DATE: February 20, 2023 TO: Michael Scott, Division Director through Sharon Brinkley FROM: Deb Aja, Western District Supervisor-Solid Waste Section Field Operations Branch RE: NEPA Project 23-0163, Orange, NC Orange County - Eden View Subdivision The Solid Waste Section has reviewed the Orange County Planning and Zoning Environmental Assessment document for the construction of Eden View Subdivision to create 39 single-family lots on approximately 192 acres located east of Orange Grove Road and north of Dairyland Road in Orange County, North Carolina. Should any structures be proposed to be demolished as part of this project lead, asbestos or other contaminants may be present and must be managed appropriately. Otherwise, the review has been completed and has found no adverse impact on the surrounding community and likewise knows of no situations in the community, which would affect this project from a solid waste perspective. During the project, every feasible effort should be made to minimize the generation of waste, to recycle materials for which viable markets exist, and to use recycled products and materials in the development of this project where suitable. Any waste generated by this project that cannot be beneficially reused or recycled must be disposed of at a solid waste management facility approved to manage the respective waste type. The Section strongly recommends that any contractors are required to provide proof of proper disposal for all waste generated as part of the project. A list of permitted solid waste management facilities is available on the Solid Waste Section portal site at: https://deci.nc.gov/about/divisions/waste-management/solid-waste-section/solid-waste-permitted- facility-information-and-guidance/solid-waste-facility-lists Please contact Chuck Kirchner, Environmental Senior Specialist,for any questions regarding solid waste management for this project. Mr. Kirchner can be reached at (336) 776-9633 or by email at chuck.kirchner@ncdenr.gov. Ec: Jason Watkins, Field Operations Branch Head Chuck Kirchner, Environmental Senior Specialist D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management Asheville Regional Office 1 2090 U.S.Highway 70 1 Swannanoa,North Carolina 28778 o P mmemmEn�mema if /`� 828.296.4500 182 ROY COOPER Governor ELIZABETH S.BISERd Secretary MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality Date: February 13, 2023 To: Michael Scott, Director Division of Waste Management Through: Janet Macdonald Inactive Hazardous Sites Branch From: Katie C Tatum Inactive Hazardous Sites Branch Subject: NEPA Project# 23-0163 Orange County Planning & Inspections, Orange County, North Carolina The Superfund Section has reviewed the proximity of sites under its jurisdiction to the Orange County Planning & Inspections project. Proposed project is for the construction of Eden View Subdivision. The development would create 39 single-family lots on approximately 192 acres located east of Orange Grove Road and north of Dairyland Road. The subject property is compiled of two separate parcels (PIN'S 9841-52-7281 and 9840-79-5091). No (0) Superfund Section sites and no (0) Brownfields Program Sites were identified within one mile of the project as shown on the attached report. Please contact Janet Macdonald at 919.707.8349 if you have any questions concerning the Superfund Section review portion of this SEPA/NEPA inquiry. EQ� �� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh,North Carolina 27699-1646 `oaFricnaoi.FNn i 919.707.8200 183 PaP., Superfund & Brownfield Sites SEPA/NEPA Review Report Area of Interest (AOI) Information Orange County NEPA project 23-0163 Area : 4,049.94 acres Feb 13 2023 10:03:30 Eastern Standard Time f wiP Ma��n'=rore v.. t.. 1:35.1 PL 0 D G km Esn,NA54,NGp,USGS F—,Sak of NaM—h.DDT,Esri. HERE,Garmin,Sete Ph,G T--yes,I.,ME MSA, .—,EPA,N.115 census 9—u,lISGA 184 Superfund and Brownfield Sites Orange County NEPA project 23-0163 Summary Name Count Area(acres) Length(mi) Certified DSCA Sites 0 N/A N/A Federal Remediation Branch Sites 0 N/A N/A Inactive Hazardous Sites 0 N/A N/A Pre-Regulatory Landfill Sites 0 N/A N/A Brownfields Program Sites 0 N/A N/A 185 Department of Environmental Quality Project Internal Review Project Number: 23-0163 County: Orange Date Received: 2-10-2023 Due Date: 3-8-2023 Project Description: Environmental Assessment- Proposed project is for the construction of Eden View Subdivision. The development would create 39 single-family lots on approximately 192 acres located east of Orange Grove Road and north of Dairyland Road. The subject property is compiled of two separate parcels (PIN's 9841-52-7281 and 9840-79-5091). This Project is being reviewed as indicated below: Regional Office Regional Office Area In-House Review Asheville a Air E]Air Quality El Coastal Management Fayetteville �✓ DWR P1 Waste Mgmt Marine Fisheries FlMooresville Fv—,f] DWR-Public Water F]Water Resources Mgmt (Public CC&PS Div. of Water,Planning&Water Emergency Mgmt Wf Raleigh Fv_-�I DEMLR(LQ&SW) Quality Program) DMF-Shellfish Sanitation Washington a DWM DWR-Transportation Unit �Wildlife Olivia FlWilmington Wildlife/DOT F] Winston Salem Manager Sign-Off/Region: Date: In-House Reviewer/Agency: 3/7/23 Melodi Deaver,Hazardous Waste Section Response(check all applicable) X No objection to project as proposed. No Comment Insufficient information to complete review Other(specify or attach comments) 186 Attachment 6 I Excerpt of Draft Minutes MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 APRIL 5, 2023 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar 7 Proctor (Vice-Chair), Cheeks Township Representative; Melissa Poole, Little River Township 8 Representative; Beth Bronson, At-Large Representative; Charity Kirk, At-Large Representative; 9 Statler Gilfillen, Eno Township Representative; Delores Bailey, At-Large Representative; Steve 10 Kaufmann, Bingham Township Representative; Chris Johnston, Hillsborough Township 11 Representative; Liz Kalies, Chapel Hill Township Representative; 12 13 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Taylor Perschau, Current 14 Planning and Zoning Supervisor; Tyler Sliger, Planner II; Lauren Coffey, Planning Technician; 15 Nishith Trivedi, Transportation Services Director 16 17 18 OTHERS PRESENT: Dan Jewell, Applicant; Keith Brown, Applicant; James Parker, Applicant; 19 Lyle Overcash, Nick Kirkland, Joey Webb, Patrick Byker, Eric Silinish, Will Wirt, Patrick 20 Cummings, Susan Wells, John Cates, Ben Morgan, Beth Muirhead, John Dempsey, Margo 21 Lakin, Clancy Russell, Jenn Weaver, Kathleen Ferguson, Susan Swafford, Alex Quigley, Drake 22 Edwards, Gary Rodgers, Amber Bickford, Raul Herrera, John Cox, Earl Tye, Mary Parkinson, 23 Jennifer Bailey, John Hughes, Margo Lakin, John Dempsey, Margaret Cates, Sandra Brown, 24 Thomas Brown, Emilee Collins, Jessica King, Carolyn Robinson, Jamie Burgess-Flowers, 25 Carolyn Cadamski, Rhonda Zack, Wanda Richardson, Edwin Cox, Mei Huang, Maryalice 26 Nocera, Charlie Clouse, Reynald Chatelain, Debra Fields, Jenni Edwards, Meg Kelly, Drake 27 Edwards, Dan Bivins, Steve Kirby, Alison Sommerstad, Robert James, William Brodeur, Sally 28 Brodeur, Aaron Kirk, Vicki Hill, Amber Bickford, Aaron Kessler, Karen Sexton, Cheryl Howard, 29 Alyson Miller, Linda Nathanson, Kathleen Harper, Eric Lindblom, Nick Schumacher, Kathy 30 Bivins, Kiersten Fitzgerald, Jeff Powell, Allan Green, Matt McDermott, Meaghun Darab, Neal 31 Fisher, Melissa Fisher, Bonnie Alexander, Linda Johnson, Tracy Schumacher, Jack Niklas, 32 Rachael Price, Ross Goldbaun, Brandon Welch, Hugo Sequeira, Amy Carabetta, Robert 33 Minton, Ashley Snipes, Daniel Snipes, Scott Comer, Susan Walser, Mark Micol, Jim Hopper, 34 Jay Hopper, Tony Bayless, Delores Bayless, Scott Czechlewski, Hollis Chatelain, Alex Stanford, 35 Rhonda Zack, Crawford Horne, Felicia Horne, Bill Aucoin, Mark Zack, Rachel Hawkins, Allison 36 Nichols, Hank Clapper, Jim West, Donna Clapp, Tiffany Alrefae, Janet Wright-Simpson, Faye 37 Rhode, Kimberly Leary, Marian Adamson, Bethany Kidd, Ashley Anston, H. Nad Worny, Curtis 38 Kelly, Jason Zoladz, Jeff Reilich, Christine Jackle, Virginia Rhodes, Ryan Rigabar, 39 40 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 41 Chair Adam Beeman called the meeting to order. 42 43 ******************************************* 44 45 AGENDA ITEM 8: 28-210 ZONING ATLAS AMENDMENT (CONDITIONAL DISTRICT) - To 46 review and 47 make a recommendation to the BOCC on an applicant-initiated zoning atlas amendment to 48 rezone two parcels totaling 190.6 acres from AR (Agricultural Residential) to R-CD (Residential 49 Conditional District). 50 187 51 The parcels' addresses are 4801 and 4901 Dairyland Road in the Bingham Township (PINs 52 9841-52-7281 and 9840-79-5091). This item is scheduled for BOCC public hearing on May 2, 53 2023. 54 55 Presenter: Tyler Sliger, Planner II 56 57 Tyler Sliger gave a presentation on the proposed amendment then answered questions. 58 59 Keith Brown, President of Sun Forest Systems, gave comments about his company and their 60 design goals. 61 62 Dan Jewell, Landscape Architect with Thomas & Hutton Engineering, gave comments about 63 specific details of the project. 64 65 Adam Beeman — How many square feet do you anticipate the houses being? 66 67 Dan Jewell-Anywhere from 2,500-4,000. Since the footprint must remain relatively small, they 68 will probably be mostly two-story houses. 69 70 Steve Kaufmann- Will there be a covenant that the house must be a certain size? 71 72 Dan Jewell- (after consulting with Keith Brown) yes, 1,500. 73 74 Steve Kaufmann- I live near an area that is gorgeous but there are only large homes on the lots. 75 76 Dan Jewell- Orange County allows for accessory dwellings and we are going to encourage folks 77 to look into providing accessory dwellings on their properties if that is a good fit for them. 78 79 Chris Johnston- Would those accessory dwellings count towards the amount that you've 80 allocated for each area? 81 82 Dan Jewell-Yes, they would. One of the things we've discussed is that if they want to do an 83 accessory dwelling, we may give them a little extra impervious surface allocation for their lot to 84 do that. 85 86 Chris Johnston- When would you deploy the impervious storm percentages if you aren't sure 87 how large each lot will be? 88 89 Dan Jewell- We would make that decision when we came in with our final plat. 90 91 Lamar Proctor- There is a designation of a Resource Protection Area in the northeast corner, 13 92 acres, is that going to be preserved or is it going to be logged over or is that the wetland up in 93 that corner? 94 95 Dan Jewell- Nothing will be logged over. We've worked hard with staff to make sure that the 96 work we are doing in there meets the requirements that are put in place in that preservation 97 area. 98 99 Lamar Proctor-You consulted with NC Wildlife Resource Commission, and they gave 100 recommendations. I assume you are going to follow those or incorporate those? 101 188 102 Dan Jewell- The best we can, yes, those are good recommendations. 103 104 Adam Beeman- The ADUs must fall under the perking guidelines, you can't just tack on an 105 ADU. You should already have an understanding of which lot will have the ability to have that 106 ADU built in. 107 108 Dan Jewell-Absolutely, each lot has a finite number of bedrooms that can be served. 109 110 Liz Kalies-You mentioned having permanent conserved open space, are you going to have an 111 easement or how will you be sure it's permanent? 112 113 Dan Jewell- It would be recorded as part of the final plat, and our understanding is what you 114 recommend, hopefully, and the commissioners approve, is codified in law through the 115 recordation at the county courthouse. It would be preserved that way. The only way to undo it as 116 open space would be to come back with another conditional zoning once again and I don't know 117 anyone who would want to do that. 118 119 Delores Bailey- Is this community going to have an HOA? 120 121 Dan Jewell-Yes, it will have an HOA because all of the common land will have maintenance 122 responsibilities and the HOA will take care of that. 123 124 Chris Johnston- Would you be maintaining the property the entire time.... 125 126 Keith Brown-We would turn it over once all the homes are built, or at least a large percentage 127 of them, and all stormwater retention and everything was done... 128 129 Chris Johnston- and then the declarant would take over the HOA? 130 131 Dan Jewell-Yes, that is quite common. When someone looks to purchase a lot, that would be 132 transparent to them that these would be the requirements at some point. 133 134 Beth Bronson- Does that describe how the open space is going to be managed because it's 135 quite a large piece. Will it be landscaped at the time of sale of the lots? 136 137 Keith Brown- That will be a progressive process, we will go in there and continue to enhance it. 138 We have the idea of coming in there and constantly adding to it over time, putting pear trees in, 139 grapes, vines and what we think of as a bio-diverse farm as we build it into something that we 140 can all be a part of. There's even a thought process of having a trail system that has an edible 141 aspect to it where you can have marked plants that as you teach your children what the 142 environment is about and what God's given us with this earth, that they can enjoy it in a multi- 143 dimensional way. 144 145 Dan Jewell- There would be a management plan that we would need to develop for that, and we 146 would look for some guidance from some of the folks with the county who deal with that sort of 147 thing. 148 149 Beth Bronson- Do you have to have a stormwater management plan? 150 151 Dan Jewell-A stormwater management plan is required and a maintenance plan. That will be 152 part of the responsibility of the HOA to have those annual inspections and maintain it. The 189 153 stormwater plan would have to be worked out and agreed to at the time of the final plat. The 154 county is not going to give us the approval until we have that in place. 155 156 Beth Bronson- Do you plan to disturb any of the open land other than where the homesites will 157 go? 158 159 Dan Jewell- Other than to build the stormwater facilities, and the modest amount of disturbance 160 that would be needed to add outbuildings to support the small agricultural component. 161 Obviously with the agriculture, which would involve tillage but other than that, no. 162 163 Beth Bronson- The Architectural Review Board would be responsible for the design of the 164 homebuilder? 165 166 Keith Brown- There would be stipulations and regulations and design detail specifying what we 167 would expect the homeowners to build. This would be managed through the ARB. 168 169 Beth Bronson- So the ARB is the opportunity for you to say, "This is what we would like to 170 establish." 171 172 Keith Brown-We would establish what we want as a farm architecture and the details as well as 173 the position on the property, how it's working with the topography. 174 175 Statler Gilfillen- When you use the word architect, are you implying that all the designs will be 176 done by licensed architects for submittal? 177 178 Keith Brown-Answered yes off microphone. 179 180 ******************************************* 181 182 Public Comment 183 184 Susan Wells- I'm a resident of Bingham Township, I attended the neighborhood meeting. 1 185 thought it was a good meeting, I have a couple of comments and points that I want to make. We 186 live in a cohesive, rural community. Bingham Township is a great community to live in. I think 187 this would be a good addition to the community. I bought a parcel of land in a community similar 188 to this many years ago and experienced one of the worst things you could experience in a 189 development. The developer didn't have good written restrictions. He promised trails, the trails 190 disappeared, all the access to the trails disappeared. It was not written well in the documents. 191 He promised land in the conservation easement that several lots would back up to, that got 192 traded to someone else and now there are motocross bike paths. That was not clarified in any 193 of the documents. The front of the property became an agribusiness, and they allowed 194 weddings and concerts which brought a lot of traffic and music. My concern is the 70 acres of 195 common area. If there aren't good restrictions on that, the surrounding community may suffer. 196 The developer will have control of the land until it is turned over to the homeowners. The 197 developer talks about farming on that land, and he could go to the state and get a farming 198 exemption. This would make him exempt from all kinds of regulations. He could build buildings 199 without county building codes, he can do wedding venues, he can do music venues. What 1 200 would like to recommend is to put a conservation easement on the land and then have someone 201 else manage it like Triangle Land Conservancy. You could guide them to create the restrictions. 202 Orange County doesn't have a good track record.... 203 190 204 John Cates- I'm a neighbor and owner of a farm that has been in my family since the 1700's. 205 The Snipes and Kirks have been our neighbors for a long time. The farmers in the community 206 are good stewards of the land. I'm appreciative of the effort they have put into this, to protect the 207 rural agricultural landscape of the community. I am very much in support of this plan. When 1 208 drive through Wake County, and I see the backs of houses along the road on one side and 209 agricultural land on the other side. I'm thankful that this plan fits with Orange County and the 210 way we preserve land versus the way other counties around us do it. My hat is off to the 211 planning board and the job that you are doing. I think that any concerns that the neighbors have 212 are legitimate concerning conservation. I drink coffee in the morning and watch the sun come up 213 on the hill where they are going to put the houses. The farmers are great stewards of the land. 214 They have been caring for the land for a long time and the plan that these generations of 215 farmers have put into protecting our area is very much appreciated. 216 217 Ben Morgan- Dairyland Road resident, lifelong Orange County resident, I raise livestock on my 218 property and am also in law enforcement, as well as a firearms instructor and do training and 219 qualifications on my property. My concern is the noise and disturbance that I will generate for 220 the development and the other way around, the construction noise. The first time I heard about 221 this meeting was yesterday. I wish my wife could have come because she loves to speak. I wish 222 the developers or property owners had met with us about our concerns, I would have loved to 223 have purchased any amount of buffer area or been provided any sort of buffer from this 224 development. 225 226 Beth Muirhead- Neighbor&farm owner, I am concerned about one thing, the property, 227 especially part of the open spaces they've got, joins my property. I raise racehorses and grow 228 trees. I'm just concerned about the amount of human traffic this is going to be. It looks like if that 229 open space is right down to my property line, without a privacy fence there, it's going to look like 230 it is just open because it's busy down there. I've also been cautioned by the attorneys because 231 there is a lake down there and it is lovely. People do go down and swim down there without 232 permission. I've just found out that if a child goes down there and drowns in my lake, then I will 233 be responsible for it and will be the one that gets sued. It is a tremendous amount of concern to 234 me. I've already accepted that I'm going to have to put padlocks on the fences so that no one 235 goes in there and gets in trouble, but they can climb over the fence, that's a concern. My horses 236 are wonderful animals but I'm just concerned about dealing with traffic and I think that some 237 kind of delineation of the property line.....I don't think I have the right to tell the Snipes what they 238 can and can't do with their property, I just want to protect where my property adjoins their 239 property....I don't want to have to put up "no trespassing or private property" signs, to me that's 240 not very friendly but I'm told that if I don't do that, it's going to be worse. I would just like for 241 everybody to be aware that there are other people that are worried about this same thing. 242 243 Adam Beeman- Would you like to respond to the question she had about the fencing? 244 245 Keith Brown- I appreciate your concerns, we will put a fence across there at your property line 246 and put "no trespassing" signs on it. I've been there and seen your pond and lake and it's quite 247 beautiful. I agree that it would be an attraction for a small kid, and I think that we should take 248 precautions in that. I would also take the same attitude that is a part of our community that if 249 they have reservations about anything, we are open to discussing and making sure that their 250 needs are addressed, and their worries are abated by the cooperation that we would have as a 251 good neighbor. 252 253 Melissa Poole- What about people buying the property and the concerns from the gentleman 254 who teaches firearm training? Are you going to make people aware? 191 255 256 Keith Brown- They are moving to the country. I think there is a benefit in having people that are 257 armed and in the armed service and actually protecting us there on our property. We would not 258 oppose what he is already involved in nor impede that in any way and we would let others know 259 about it. 260 261 Delores Bailey- Can I ask about the concerns about the noise coming both ways? 262 263 Keith Brown- What we want to do is make people aware of everything when they come there. 264 There's noise and there's gunshot, there's a firing range close by and this isn't the only firing 265 range that's close by. We would want everyone who comes there to know that this is indeed 266 there, so they aren't surprised. The last development we did, I remember being in the 267 neighborhood several times hearing a gunshot. It was in the country but in the heart of 268 everything, because our communities that are close yet rural, you go not too far from Chapel 269 Hill, Durham and Hillsborough, you are where the cows are. Hearing the gunshot wasn't 270 alarming. I will make everyone who comes there aware of what they are moving to. 271 272 Delores Bailey- What happens after you all are done with it? Will there be policies in place.... 273 274 Keith Brown- The plan of the project is that we would set those standards. We will be 275 addressing all the concerns of the neighbors that will be moving in there. We have the same 276 needs and responsibilities to the adjoining neighbors, and we want to have an HOA and an ARB 277 that regulates that so it's not just happenstance or haphazard. We want to have a community of 278 quality that people will enjoy for a long time. 279 280 Beth Bronson- The point about the open space and the commitment to making the trails.... 281 282 Keith Brown- That would be part of the HOA's responsibility.... 283 284 Beth Bronson- Was there ever a discussion about creating a conservation easement because of 285 the size of the open space? 286 287 Keith Brown- The conservation easement is something that we would see as a restriction to 288 farming and other things that we want but we will have in our covenants and our ARB and in the 289 regulations there, that those open areas will be maintained by the HOA and will be continuously 290 maintained. We are not going to go in there and change the aspect of what we sold the 291 community on in the beginning. 292 293 Beth Bronson- I wouldn't expect the members of the HOA to have yard days to landscape 70 294 acres. 295 296 Keith Brown- They would not be landscaping 70 acres. That would be part of the HOA's 297 responsibilities. 298 299 Beth Bronson- They would have to figure out how they are going to .... 300 301 Keith Brown- We would have to do that in the beginning. 302 303 Beth Bronson- That would have to be laid out.... 304 192 305 Dan Jewell- I wanted to clarify, I think this is a relatively new process for you, this conditional 306 zoning, what it means is what we are showing on the plan and representing on the plan, is what 307 we have to do. That is codified and if we haven't shown things on the plan, then my 308 understanding is that we are not allowed to do that unless we come back for another rezoning. 309 Staff might want to confirm that but that's our understanding about how a conditional zoning 310 works. What you see is what we must do. 311 312 Beth Bronson- If you make any changes to the conditions that you have laid forth, you need to 313 come back and do rezoning. 314 315 Keith Brown- It would be more prudent on our part to figure it all out before we get going. 316 317 Statler Gilfillen- Question of clarification, you have made commitments to do certain things 318 verbally, is that a legally binding situation for our approval? 319 320 Cy Stober- You have 4 options for voting this evening. One is to vote to recommend approval to 321 the commissioners, one is to vote to recommend denial, to recommend approval with 322 conditions, and to recommend to Commissioners that you need more time to deliberate. Those 323 are the four options so if you wish to include the conditions put forth this evening, which could 324 be part of your motion. 325 326 Beth Bronson- Was that what you were going to say before? 327 328 Cy Stober- I was going to clarify a critical piece of conditional zoning is the site-specific plan. 329 The site plans that are in your packet and on the screen are binding. That includes what you 330 see and what you don't see. Any new structures, or any new elements that would require a 331 permit from the county would require, if its not already shown on this plan, a rezoning and it 332 would have to go back through a public hearing. 333 334 Beth Bronson- This being the final plan. 335 336 Cy Stober- That's correct. 337 338 Beth Bronson- Would this be the final covenant as well? 339 340 Cy Stober-The county does not regulate covenants. They would be recorded with the final plat 341 but that is a private matter for the property owner and anyone purchasing lots on that property. 342 343 Chris Johnston- How many lots will you retain ownership of, do you have a rough idea on that? 344 345 Keith Brown- As the declarant, our goal and the responsibility that I have is, with the partnership 346 with the Snipes family, is to sell the lots. We are not trying to retain them. Any that have not 347 been sold are managed by the HOA. 348 349 Tyler Sliger finished his presentation. 350 351 MOTION BY Melissa Poole to approve the petition to amend the Orange County Zoning Atlas to 352 rezone approximately 190 acres at 4801 and 4901 Dairyland Road from AR (Agricultural 353 Residential) to R-CD (Residential Conditional District) in accordance with section 2.9.1 C of the 354 UDO with the following conditions: the developer will add a privacy fence with "no trespassing" 355 signs delineating the property of the adjacent neighbor, Beth Muirhead, erected at PIN 193 356 9841734586, the developers will make the buyers aware of a nearby shooting range and noise. 357 Seconded by Lamar Proctor. 358 MOTION PASSED UNANIMOUSLY 359 360 361 ******************************************* 362 194 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS MAP AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN An applicant-initiated amendment to the Zoning Atlas has been reviewed to rezone a parcel as follows: Parcel Identification Township Owner of Current Zoning Proposed Zoning Number Record (PIN) • AR (Agricultural • R-CD Residential); (Residential • Cane Creek Protected Conditional 9841-52-7281, Bingham Elizabeth Watershed Overlay District); 9840-79-5091 g and Daniel District. • Cane Creek Snipes Protected Watershed Overlay District. The Planning Board hereby finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments and 2.9.1 Conditional Districts of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and comment — Plan Consistency and 160D-605(a) Governing Board Statement — Plan Consistency of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c.The amendment is consistent with applicable plans because it supports the following: • 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. • 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. • 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. • Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 195 The amendment is consistent with these goals because the proposed development is consistent with existing/anticipated development within the area and the land use associated with the project is compatible with various 2030 Comprehensive Plan goals detailed above. d. The amendment is reasonable and in the public interest because it furthers the goals of the adopted Comprehensive Plan and is located in an area designated on the Future Land Use Map as "Agricultural Residential." The Planning Board hereby adopts this Statement of Consistency and the findings expressed herein and recommends the Board of County Commissioners consider adoption of the proposed Zoning Atlas Amendment. Adam Beeman, Chair Date 196 Attachment 7 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS MAP AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN An applicant-initiated amendment to the Zoning Atlas has been reviewed to rezone a parcel as follows: Parcel Identification Township Owner of Current Zoning Proposed Zoning Number Record (PIN) • AR (Agricultural • R-CD Residential); (Residential • Cane Creek Protected Conditional 9841-52-7281, Bingham Elizabeth Watershed Overlay District); 9840-79-5091 g and Daniel District. • Cane Creek Snipes Protected Watershed Overlay District. The Board of County Commissioners hereby finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments and 2.9.1 Conditional Districts of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and comment — Plan Consistency and 160D-605(a) Governing Board Statement — Plan Consistency of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c.The amendment is consistent with applicable plans because it supports the following: • 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. • 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. Staff has reviewed and determined no significant environmental impact is expected from this project based on existing conditions. • 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. The 197 proposed Conservation Cluster Flexible Subdivision reflects these values in its layout and design. • Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. The amendment is consistent with these goals because the proposed development is consistent with existing/anticipated development within the area and the land use associated with the project is compatible with various 2030 Comprehensive Plan goals detailed above. d. The amendment is reasonable and in the public interest because it furthers the goals of the adopted Comprehensive Plan and is located in an area designated on the Future Land Use Map as "Agricultural Residential," and which is described as characterized by very low population density which is dispersed in a manner typical of agriculturally productive areas. The proposed Conservation Cluster Flexible Subdivision has taken these requirements into consideration in its design and construction commitments to minimize environmental impacts. The Board of County Commissioners adopts this Statement of Consistency and the findings expressed herein. Jamezetta Bedford, Chair Date Attachment 8 198 Ordinance#: ORD-2023-020 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed a petition submitted by Daniel Jewell (hereafter `the Applicant') seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, this petition seeks to rezone 190 +/- acres (PIN 9841-52-7281, 9840-79-5091) from AR (Agricultural Residential) to R—CD (Residential Conditional District) for the purposes of a residential development,; and WHEREAS, the Applicant has voluntarily chosen to establish development and land use limitations on the Project to address potential conflicts with surrounding properties; and WHEREAS, the petition has been submitted with a site plan in accordance with the provisions of Section 2.9.1 (C) of the UDO; and WHEREAS, the requirements of Section 2.8 and 2.9 of the UDO have been deemed complete; and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare; and WHEREAS, the Board has found the proposed zoning atlas amendment to be consistent with the adopted 2030 Comprehensive Plan and reasonable and in the public interest. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the aforementioned parcels to R—CD (Residential Conditional District), as detailed within the submitted application. BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.1 (F) of the UDO the approval of this Conditional Zoning application is subject to the following mutually agreed to conditions: A. Application: Project shall be completed as presented in approved site plan/application packet; B. The uses on the farm and associated permanent conservation areas will be limited to only those uses that are currently allowed on existing farms in the Orange Grove Community as of the date of approval; C. Additional plantings will be added to the western property line of lot#34 to screen the view from parcel PIN 9841-32-2556; D. The site property line will be marked with signage that reads "DANGER, NO TRESPASSING — FARM EQUIPMENT IN USE" at lots 7 through 11 with signage facing both directions; E. The developer will install a fence with no trespassing signage along the shared property line with tax parcel 9841-73-4586; 199 F. The developer will notify prospective property purchasers of the Eden View Acres subdivision of the presence of a shooting range and associated noise on the adjacent property, so long as that use continues; G. The developer will notify prospective property purchasers that this is a voluntary agriculture district. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2023. I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2023 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 12023. SEAL Clerk to the Board of Commissioners