HomeMy WebLinkAbout4-3-24 PB Agenda Packet 1
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
WHITTED MEETING FACILITY
300 WEST TRYON STREET, SECOND FLOOR
I-IILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, April 3, 2024
Regular Meeting — 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2. INFORMATIONAL ITEMS
4 -5 a. Planning Calendar for April and May
3. 6 - 18 APPROVAL OF MINUTES
March 6, 2024 Regular Meeting Minutes
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB)to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
meeting until such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
6. CHAIR COMMENTS
2
No. Page(s) Agenda Item
7. 19 - 55 MAJOR SUBDIVISION CONCEPT PLAN -To review and take action on a
Concept Plan application for a Major Subdivision named Stonewall.
The proposal is for an 18-lot subdivision on approximately 36.36 acres
with 47.9% (17.42 acres) of dedicated open space. The parcel is
located on Miller Road in the Hillsborough Township, PIN 9875-64-
5097.
Presenter: Ashley Moncado, Planner III
8. 56 - 136 MAJOR SUBDIVISION CONCEPT PLAN AND PRELIMINARY PLAT: To review
and take action on a Concept Plan and Preliminary Plat application for
a Major Subdivision named Williams Glen. The proposal is for a 15-lot
subdivision on approximately 28.17 acres with 35% (9.95 acres) of
dedicated open space. The parcel is located on Lawrence Road in the
Eno Township, PIN 9883-09-8108.
Presenter: Ashley Moncado, Planner III
9. ADJOURNMENT
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Interested persons can sign up at https://www.orangecountync.gov/list.aspx to receive a
notification when agendas are posted. (Scroll down to the "Agenda Center" category and choose
Planning Board).
Monthly Planning & Inspections Newsletter
Sign up at https://www.orangecountync.gov/list.aspx?ListlD=408 to receive the monthly
communication on happenings in the Planning & Inspections Department.
Written Comments
Interested persons who cannot attend the meeting in-person are invited to submit written
comments on agenda items to the Planning Board via email at
planningboard(o�orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting.
Please include in the Subject line of the email the title of the agenda item your comment pertains
to. Emails sent to this address are viewable on Google Groups:
https://qroups.google.com/g/ocplanningboard
Written comments can also be dropped off at the Planning Department's offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00 p.m.
Monday through Friday). Written comments will be scanned and sent by staff to the email address
indicated above.
Review Process
The Planning Board is an appointed volunteer advisory board which makes recommendations to
the Board of County Commissioners (the elected officials). The Board of County Commissioners
holds a formal public hearing and makes decisions. Section 2.8 of the County's Unified
3
Development Ordinance contains a flowchart depicting the review process for rezoning and text
amendment applications.
Planning Board Member Potential Conflict of Interest
It is the duty of every Board member to avoid both conflicts of interest and appearances of conflict.
Board members having any conflicts of interest or appearances of conflict with respect to matters
before the Board should identify the conflict or appearance of conflict and refrain from undue
participation in the matter involved.
As a reminder, NC General Statute § 160D-109 establishes the following standard: Members of
appointed boards shall not vote on any advisory or legislative decision regarding a development
regulation where the outcome of the matter being considered is reasonably likely to have a direct,
substantial, and readily identifiable financial impact on the member. An appointed board member
shall not vote on any zoning amendment if the landowner of the property subject to a rezoning
petition or the applicant for a text amendment is a person with whom the member has a close
familial, business, or other associational relationship.
If any Planning Board member has any concern about a possible conflict related to an agenda
item, please notify Planning staff and get in touch directly with a member of the County Attorney's
staff before the meeting time to determine whether a conflict exists— and if so, how best to handle
the potential conflict.
4
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
BOCC Planning Board
Business Meeting
Meeting 7:00 pm*
7:00 pm
Whitted Bldg. Whitted Bldg.
7 8 9 10 11 12 13
BOCC
Budget Work
Session
7:00 pm
Southern
Human Sery
Ctr.
14 15 16 17 18 19 20
BOCC BOCC
Business Joint Meeting
Meeting with School
7:00 pm Boards
7:00 pm
Southern
Human Sery Whitted Bldg.
Ctr.
21 22 23 24 25 26 27
28 29 30
Notes:
BOCC Work *Planning Board Member Attendance Required
Session
7:00 pm Planning Board meetings are held in room 230 on the second floor of
the Whitted Building located at 300 W.Tryon St., Hillsborough, NC
Southern 27278
Human Sery
Ctr.
5
1 �
Sunday Monday Tuesday Wednesday hursda Friday Saturday
1 2 3 4
Notes:
*Planning Board Member Attendance Required Planning
Board Meeting
Planning Board meetings are held in room 230 on 7:00 pm*
the second floor of the Whitted Building located at
300 W.Tryon St., Hillsborough, NC 27278
Whitted Bldg.
5 6 7 8 9 10 11
BOCC Board of
Business Adjustment
Meeting 7:00 pm
7:00 pm
Whitted Bldg.
Whitted Bldg.
12 13 14 15 16 17 18
BOCC
BOCC Budget Work
Budget Public Session
Hearing/Work 7:00 pm
Session
7:00 pm Southern
Human Sery
Whitted Bldg. Ctr.
19 20 21 22 23 24 25
BOCC
Business BOCC
Meeting Budget Work
7:00 pm Session
7:00 pm
Southern
Human Sery Whitted Bldg.
Ctr.
26 27 28 29 30 31
BOCC BOCC
• Budget Work Budget Public
Session Hearing/Work
7:00 pm Session
Southern 7:00 pm
Human Sery Southern
Ctr. Human Sery
Ctr.
6
DRAFT
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 MARCH 6,2024
4 REGULAR MEETING
5
6 MEMBERS PRESENT:Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair),
7 Cheeks Township Representative; Delores Bailey, At-Large Representative; Marilyn Carter, At-Large
8 Representative; Statler Gilfillen, Eno Township Representative; Chris Johnston, Hillsborough Township
9 Representative; Steve Kaufmann, Bingham Township Representative; Melissa Poole, Little River Township
10 Representative; Whitney Watson, At-Large Representative.
11
12 MEMBERS ABSENT: Charity Kirk, At-Large Representative; Beth Bronson, At-Large Representative; Liz Kalies,
13 Chapel Hill Township Representative.
14
15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Deputy Director— Long Range
16 Planning &Administration.
17
18 OTHERS PRESENT: Amy Eckberg, Sustainability Projects Manager
19
20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
21 The meeting began at 7:01 PM.
22
23 AGENDA ITEM 2: INFORMATION ITEMS
24 Chair Beeman reviewed the upcoming calendars for March and April.
25
26 AGENDA ITEM 3: APPROVAL OF MINUTES
27 February 7, 2024 Regular Meeting Minutes.
28
29 MOTION BY Melissa Poole to approve the Meeting Minutes. Seconded by Lamar Proctor.
30
31 MOTION PASSED UNANIMOUSLY.
32
33 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA
34 None.
35
36 AGENDA ITEM 5: PUBLIC CHARGE
37
38 INTRODUCTION TO THE PUBLIC CHARGE
39 The Board of County Commissioners, under the authority of North Carolina General
40 Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land
41 development law of the County. The general purpose of OCPB is to guide and accomplish
42 coordinated and harmonious development. OCPB shall do so in a manner, which
43 considers the present and future needs of its citizens and businesses through efficient and
44 responsive process that contributes to and promotes the health, safety, and welfare of the
45 overall County. The OCPB will make every effort to uphold a vision of responsive
46 governance and quality public services during our deliberations, decisions, and
47 recommendations.
48
49 PUBLIC CHARGE
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50 The Planning Board pledges to the citizens of Orange County its respect. The Board asks
51 its citizens to conduct themselves in a respectful, courteous manner, both with the Board
52 and with fellow citizens. At any time, should any member of the Board or any citizen fail to
53 observe this public charge, the Chair will ask the offending member to leave the meeting
54 until that individual regains personal control. Should decorum fail to be restored, the Chair
55 will recess the meeting until such time that a genuine commitment to this public charge is
56 observed.
57
58 AGENDA ITEM 6: CHAIR COMMENTS
59 Chari Beeman asked about last month's presentation on the Comprehensive Land Use Plan update and the
60 Board had a short discussion on the take-ways from the presentation.
61
62 AGENDA ITEM 7: ORANGE COUNTY CLIMATE ACTION PLAN
63
64 Amy Eckberg, the County's Sustainability Projects Manager, gave a PowerPoint presentation on the adopted
65 Climate Action Plan. She stated that locally in Orange County, we're experiencing more and more periods of
66 drought. In fact,we've been a drought situation approximately 50 percent of the time for the past 20 or so years.
67 In terms of extreme heat,we're experiencing more and more days of that where temperatures are at or above 95
68 degrees Fahrenheit. And those days are anticipated to increase by up to 30 days by the middle of the century.
69 We're also experiencing more and more intense storms, more hurricanes, more tornadoes, which are leaving us
70 with wind damage and flooding issues here in our communities. So the next few years are absolutely critical in
71 terms of limited our temperatures to a 1'/2 degree Celsius increase and mitigating the most severe impacts of
72 climate change. And this is why, last year, Orange County underwent the climate action planning process.
73 We've been doing a lot of really great work over the years. We've been installing solar. We've been putting in EV
74 chargers. We've been installing geothermal wells. Been doing a lot of great work. But what was lacking was a
75 comprehensive road map or a systemic plan that would really lay out all the strategies and actions along with an
76 associated timeline that would help us to meet our overarching climate action goals, which are to get to 100
77 percent renewable energy by 2050, to cut our greenhouse gas emissions in half by 2030 and 100 percent by
78 2050.
79
80 Development of the plan was a year-long effort. Very much like the comprehensive land-use plan is being
81 developed now, it involved a lot of community engagement. We held a variety of different focus groups
82 throughout the community throughout the year, speaking to members from our business community, the
83 nonprofit sector, student groups. We had one-on-one phone calls. We had a big survey that went out
84 community wide. We had over 500 responses to that survey. And then we also looked internally at helping us
85 put together this climate action plan. We developed a climate action team which was made up of mostly
86 department directors from a variety of different departments, including our own Cy Stober, so he was able to
87 provide a lot of input into the plan, along with other department directors.
88
89 Our plan is going to need to be updated regularly, at least every 5 years as new technologies come online, new
90 ways of tackling climate change are discovered, new funding sources come to light. We definitely want to keep
91 our plan current. A really unique feature of our climate action plan is the dashboard that we created which is on
92 our website for anybody to go to at any time. It's like the Cliff Notes version of the climate action plan, it gives you
93 the nuts and bolts versus skimming through all 160-plus pages of the climate action plan. (Demonstrated
94 dashboard).
95
96 Another nice feature of our dashboard is our resources tab, and here we have a variety of different plans that are
97 listed. We definitely want all of our plans talking to one another,and we incorporated many of the current Orange
98 County plans in the development of the climate action plan, so you'll see us calling out the comprehensive land
99 use plan in our plan, as well as New Hope landscape-conservation plan, the Orange County transit plan, and of
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100 course we'll have the brand-new strategic plan on this page as well. And then under the programs side of things,
101 if you clicked on that, you can see all the programs that we have currently in Orange County that are helping to
102 fight climate change.
103
104 As part of our climate action planning process, we developed an updated greenhouse gas inventory, and no
105 surprise here, but it tells us that transportation and energy use continue to be our two biggest greenhouse gas
106 emission producers. So to be able to lower those greenhouse gases, we developed the top foundational things
107 that we should be doing in the county. And some of those things include reducing the vehicle miles that we're
108 traveling by 30 percent. We want to do that by 2050. And we also want to increase our community EV adoption
109 rates. We want to do that by 50 percent by 2035 and 100 percent by 2050. We also want to establish an
110 electrification plan in order to help us transition off of fossil fuels to clean, renewable energy, so that's something
111 that I'll be working on this year. And then we want to increase our community-wide solar 25 percent by 2035.
112
113 Underpinning all of our foundational strategies is an emphasis on equity and ensuring that our climate actions
114 are being prioritized first and foremost to our vulnerable populations in Orange County. We also want to create
115 a culture of sustainability in Orange County and integrate sustainability in all the work that we do. When it comes
116 to planning,when it comes to budget development,when it comes to rolling out new programs and initiatives,we
117 always want to have that lense of sustainability in our thought process.
118
119 Our plan is broken up into 70 different strategies and 188 associated actions, and we have five different focus
120 areas. Transportation-we're really looking at ways that we can encourage more public transportation and more
121 ridership in our public transportation options. We also want to create walkable streets, bikeable streets, and
122 obviously we want to increase our EV adoption rates. Under the built environment and energy category, we're
123 really looking at ways that we can become as energy efficient as we possibly can within our buildings, and so
124 looking at deploying LED lights and things like energy-efficient heating and cooling systems would fall under that
125 category. And then, obviously, adding as much solar as we can to our buildings.
126
127 Under resource conservation, we're really looking at ways that we can reduce our overall waste in Orange
128 County,figuring out strategies to reduce our waste when it comes to single-use items, so putting things in reuse
129 longer. And then really hoping to promote composting as much as we can as a really great way to reduce our
130 waste in Orange County.
131
132 Under green community,there's so many items here. We want to continue to promote our policies and programs
133 that continue to preserve our open space in Orange County. We want to promote our nature-based solutions in
134 order to mitigate things like flooding that we experience from storm events, and we have a goal of planting trees,
135 a lot of trees; in fact, 10,000 trees in 10 years, so those are some of the strategies that you'll find under our green
136 community.
137
138 And then,finally, under resilient community, here we're really looking at ways that we can become more resilient
139 against the storms that we know are coming our way. So looking at ways that we can help mitigate flooding and
140 looking at ways that we can help mitigate the extreme effects of heat. And so here is an example of built
141 environment and energy focus area and the strategy and associated action under this category. And one thing
142 that I like to highlight in one of our actions here is to advocate for energy-efficient building codes with the North
143 Carolina Building Code Council. I know there has been some challenges with that. What we're trying to do is to
144 really look at ways that we can incentivize developers to build sustainably. And some things that some other
145 local jurisdictions have been deploying as strategies to do that include things like bonus density in exchange for
146 a green building, offering tax incentives,fast tracking permitting for green building, and even offering a rebate for
147 the portion of the construction permit fees that promote energy efficiencies. So, looking forward to having some
148 conversations with planning staff to see what makes sense for Orange County to do, how we can learn what
149 other communities are doing, and seeing if we can deploy some of those strategies here.
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DRAFT
150
151 And then also under built environment and energy, I mentioned we have a goal of expanding our renewable
152 energy usage. And one action item under this category is to work with our planning department to expedite the
153 permitting process for all new solar projects. I've already had some preliminary conversations with planning staff
154 just to talk through how we can modernize and simplify the standards for public and private solar installations to
155 really make it as user friendly and expeditious as possible. We've got a meeting on the books later this month to
156 talk through that and to draft some potential language for an amendment to the UDO.
157
158 And then a couple of strategies that I'd like to call out that are in the climate action plan as they relate to
159 renewable energy generation are our really popular and productive Solarize the Triangle program. This has
160 been a 2-year initiative—it's actually getting ready to wrap up the end of this month—that was designed with 12
161 local governments, including Orange County. And the idea was to provide a bulk-purchasing program, so the
162 more solar that is purchased, the lower the overall cost, so we were able to do that in partnership with an
163 organization called Solar Crowd Source. We also collaborated with Central Pines Regional Council to help us
164 administer the program, and Yes Solar Solutions from Cary was the contractor that was selected to do the solar
165 installations. So here you can see a nice little recap of some of our accomplishments related to that program.
166 We were able to get 143 new contracts signed to install solar on both residential and commercial buildings. And
167 all combined that totals almost$250,000.00 in annual utility bill savings,which is very significant, and 2'Y2 million
168 pounds of carbon dioxide are avoided annually as a result of this program, so this is definitely a program that we
169 want to continue. A really nice feature of this program that we were able to push forward was to procure some
170 funding from Orange County to apply to low-to moderate-income households so that we could make sure that
171 we were able to provide solar for those folks who didn't have the resources to do that. And I'm happy to say we
172 had our first installation done recently on an LMI home in the town of Carrboro, and they are just over the moon
173 about it, and we've got several more in the queue, so we're excited about pushing that forward in the coming
174 months.
175
176 Another project that we're also very excited about is our agrivoltaic pilot project. If you're not familiar with the
177 term agrivoltaics, it basically means putting solar up above crops that are growing below. The idea is we're trying
178 to harvest the sun twice, once for solar energy generation and once to grow the crops underneath. We're
179 partnering up with County Extension, and we're looking to implement this pilot project at Breeze Farm, which is
180 located in Hurdle Mills. Breeze Farm currently serves as an incubator farm for farmers who want to learn if this is
181 the right field for them to go into. It was designed to be a sustainable farm,and so it's a teaching farm, and so this
182 just plays perfectly into the overall mission of what the farm is all about.
183
184 Under the transportation focus area, we have an action of increasing the number of EV charging stations
185 throughout our community. And one thing that we've been looking at is seeing what our other local jurisdictions
186 are doing. I know that the City of Raleigh has recently put in some language to amend their UDO to require EV
187 charging infrastructure in new development for multifamily residential, for hotels, for standalone parking, and for
188 vehicle fuel stations. So I'm planning on—well, I actually already, I met with Cy a few weeks ago, and we talked
189 about this, and we're looking forward to drafting some initial language for circulation to see if we can do
190 something similar here in Orange County in that regard.
191
192 Also under transportation, we have another action of to develop our greenways and other trails between the
193 towns for recreation and commuting purposes. We really want to promote that connectivity, promote safety, and
194 sustainable modes of travel. So, again, going back to City of Raleigh, they also recently put in an amendment to
195 their LIDO that states for sites with greenway trails, pedestrian connections from the building or parking area to
196 the trail are required if their project is above a certain size or residential density. So, looking to adopt some
197 similar language that the City of Raleigh has done here in Orange County and seeing if we can help facilitate
198 those connections as well.
199
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200 Under our green community focus area, as you can imagine, there is a lot of associated actions here. The
201 climate action plan places great emphasis on preserving our natural spaces for the role that they can play in
202 mitigating climate impacts, for the role that they can play in sequestering carbon and how our natural spaces
203 provide us with a lot of resiliency. Some action items here are to prioritize the rural buffer and anti-sprawl zoning
204 in the comprehensive land use plan and then to examine current development within the rural buffer and rewrite
205 regulations to prevent further suburban developments. And we definitely want to have a focus on connectivity of
206 natural spaces, as recommended in the Eno New Hope land conservation plan, so making sure that we have
207 those important wildlife corridors. We also want to develop some guidelines and incentives for developers to
208 really start utilizing a lot of green infrastructure in their development, as well as planting native plant landscaping.
209
210 In terms of next steps, we're looking to find those areas of collaboration and talk through the intersections
211 between the actions that are in the climate action plan and what's going into the comprehensive land use plan.
212 I'm on the strategic planning committee for the CLUP, and I've been engaged in the planning process, and so I'm
213 looking forward to being able to continue to promote what we have going on in the CAP in the overall planning of
214 the comprehensive land use plan. And then I'm also just really looking forward to having continued
215 conversations with planning staff. We're starting to do that already to be able to start drafting some proposed
216 language for some possible UDO amendments that may be coming your way in the foreseeable future.
217
218 1 want to encourage you to check out our climate action plan. It is available on our website, as well as our
219 dashboard. I have this QR code that will link directly to it,or you can visit it through the link. And I encourage you
220 to reach out to me if you have any questions. And, finally, I just want to make a shameless promotion for an
221 upcoming event that we have going on in collaboration with the Arts Commission. It is a climate and
222 sustainability event happening on opening night,April 5,from 6 to 8 p.m. at the Eno River Arts Mill. We have put
223 a call out to artists within our community and surrounding community to submit artwork that represents their
224 interpretation of climate change and what our changing climate means to them, so I've been able to actually
225 serve on the jury to review all of the submitted artwork, and we have some amazing pieces, so I'm excited about
226 this event, and I hope you can come out and enjoy it. So that's all I have for you this evening. Happy to take any
227 questions that you have.
228
229 Adam Beeman: In regards to prioritizing the rural buffer and anti sprawl, in your discussions,do you discuss how
230 to pay for all these things, because the community is going to be voting on a $300 million bond for the schools.
231 We have$78 million of needs for the county. And so the only way I see that we continue to pay the bills and not
232 on the real estate taxes is to grow. We need growth. Strategic growth. But we need growth. I completely
233 understand preserving and everything else, but I just don't understand how the community cannot grow and
234 continue to pay the bills without forcing us all out. So that's one thing. And I'm not really looking for an answer;
235 just something to think about. But what I do want an answer: on the solar panels,was that private and public or
236 all public places or private places, like residents that put them up?
237
238 Amy Eckberg: Both.
239
240 Adam Beeman: And so knowing what little I know about how the utility company likes to take it, what happens
241 with the homeowners that are producing more than they actually use? Where is that extra credit going, and is
242 there a way that the county can capture that rather than let the utility company keep it for free?
243
244 Speaker 1: Unfortunately, no. Duke Energy, through the net metering process, is getting the extra energy
245 that's being generated, and the residents or commercial businesses that are producing that extra are getting the
246 additional back on their utility bills, so it's not a system that we can work out to have the county capture that. It's
247 directed through Duke Energy. They have a whole program set up for net metering.
248
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249 Adam Beeman: It seems like it benefits the utility company extremely well, so I would just say I would try to figure
250 out a way that we can get—because all these folks are producing more than they're ever going to consume. It'd
251 be nice if we could offset some of the county's utility bills with what's—I mean,we're promoting this growth. Why
252 shouldn't we benefit from the excess? The utility company's just putting it in their pocket and saying thank you,
253 so I would say I understand it's difficult, but that would be something that I'd like to figure out. Even if it's a
254 contract that the county actually owns the panels and you guys get the benefit of it and something, somehow,
255 some way, but it's not fair that the utility company is getting all that for free because I guarantee you most of those
256 people are producing more than they're actually consuming, and they're leaving money on the table, and the
257 county can use every single penny. So that's just my two cents, and I'm going to leave it there. I'll start over on
258 this end. Steve, do you have any questions or comments?
259
260 Steve Kaufmann: Well, transportation's an interesting one because we want to reduce the amount of miles
261 people travel, yet I just read as survey in the, I think it was the New York Times just a couple days ago, how the
262 percentage of travel distances is much greater now than it ever has, because since the pandemic people have
263 moved farther away from their work. How can you— I know that Hillsborough wanted to have a plan in which
264 people could have their homes near where they worked and everyone could just walk around casually, and
265 meanwhile, you know, that was a few years ago,traffic is just mounting and building, and the town doesn't seem
266 able to really have a plan of what to do with all this traffic, so I'm kind of curious about the transportation part,
267 actually.
268
269 Amy Eckberg: That's a tough one. There's no silver bullet when it comes to any of these things, and so we
270 have to attack it from multiple fronts. I think our plan does a pretty decent job of laying out a lot of different
271 strategies that we can deploy, and, you know, a lot of people are working from home nowadays, and so really
272 promoting telecommuting as best that we can, promoting our public transportation options, promoting what the
273 towns are doing with their public transportation as well as the county promoting mobility on demand, promoting
274 micro-mobility options. We're looking at doing an EV bike pilot program,too,to encourage folks to get out of their
275 cars and just get on bikes instead. And so just really trying to look at so many different strategies to tackle what
276 is a huge problem.
277
278 Steve Kaufmann: Right. It just seems like it's a larger problem than all the things you mentioned can really tackle
279 with what resources we have. You know, especially like the bicycle. I mean, I'm a biker, but I refuse to go on
280 roads like Old 86 or Orange Grove because I don't want to get killed. And there's no incentive for DOT to
281 increase the lanes at all, and I know the county can't do that. It's actually out of their realm, so it's very confusing.
282
283 Amy Eckberg: Yeah, it's a tricky problem with no easy solutions, and safety, I know, is a huge aspect of it, and
284 1 know that's why a lot of folks are hesitant to get out there on their bikes. But we're just going to do the best we
285 can and work with our partners to be able to learn from them and what's working with folks in the towns and our
286 regional partners and try to incorporate some of those successful measures into what Orange County can do.
287
288 Marilyn Carter: Thank you for the presentation. I took a look at the climate action plan when it was passed late
289 last year, and it has a lot in it. I was so impressed to how many different areas of action have been identified.
290 Two questions. One has to do with green building incentives -do we have a sense of when some of those
291 incentives would come online, knowing the urgency of the problem. Is there a sense of when some of those
292 actions would come online, those incentives for builders?
293
294 Amy Eckberg: I think in my conversation with Cy, it sounds like 4 months is probably the average period of time
295 in order to push things forward, thereabouts. So it's not something that can happen immediately. It's going to
296 take some time, and it's going to take some really good thought and planning, but probably within a year, I would
297 hope that we start seeing some of this come forward.
298
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299 Marilyn Carter: That's great.
300
301 Amy Eckberg: That might be too ambitious, but I'd love to be able to get it done within that time period.
302
303 Statler Gilfillen: When you're dealing with the building code,the commercial code is a lot more stringent than the
304 residential code because the residential developers—this is an architect speaking -
305
306 Marilyn Carter: Excuse me, Statler. I had another question before—
307
308 Statler Gilfillen: Okay, I'm sorry.
309
310 Marilyn Carter: My second question just had to do with the list of the green areas that you had on the prior slide,
311 the green community focus areas. For those items that have been identified, I know that likely these will be
312 coming under the purview of the 2050 land use planning timeline as well. And just a generic question of when we
313 might see some of these come online in terms of the work of the planning board and changes to the land use plan
314 and the codes that govern some of those areas. There's guidelines and incentives for native plant landscaping
315 and some of the other items.
316
317 Cy Stober: Happy to answer this one, and I want to get back to one of your questions, Chair Beeman, as well, as
318 long as I have the mic. So let's go through these from bottom to top. Bottom will be a constant, perpetual,
319 decades-long effort and be integrated into everything that we do. Landscaping we've already done that.
320 Actually, Charity worked with staff to revise our entire landscaping guide, along with Marabeth Carr in the
321 Department of Environment, Agriculture, Parks and Rec. So we now have a new landscaping guide that
322 prohibits all invasives and really prioritizes native and drought-resistant species. And then the other three, we
323 had two meetings about this to date, Perdita and I. 1 would expect that you're going to see a lot more about that
324 by the end of the year as part of the land use plan update, not as things coming forward to you, and part of the
325 updates that we provide to the planning board and the commissioners for feedback. And as we continue to move
326 forward, again, a reminder on the timeline, that is scheduled for adoption a year from this coming December, so
327 we still have another 18 months or so in that project.
328
329 Melissa Poole: To your question, Chair Beeman, about the net metering, so all those policies are really set by
330 the North Carolina Utilities Commission, and I think some of your colleagues can talk about how the efforts you
331 can make to try to lobby the Utilities Commission, but it's not a planning matter, per se, but it is a state board or
332 committee that basically says what Duke can and can't do, and then the legislation was written that ultimately
333 went through the Utilities Commission, and they rule on that.
334
335 Steve: And Duke has a lot of control over that process, too. Like they're big, big dogs in this state.
336
337 Adam Beeman: I know. Go ahead, Melissa.
338
339 Melissa Poole: I don't really have any questions. I just would like to follow up on a point Steve made,which is a
340 very good point, and I think Adam touched on this, regarding transportation. I recall looking—I can't remember if
341 it was y'all's website or the Hillsborough or Orange County website. One of our local websites lists out, in terms
342 of transportation in Orange County, over 80 percent of residents are single car drivers outside of the county,
343 every day. So in order to reduce transportation, at least in my mind, that is directly tied to economic
344 development. The idea that these things can't be done, this board actually is well positioned to assist in the
345 transportation issue when economic development initiatives come before the board outside of retail that pays
346 $12.00 an hour. That's pretty much all I have.
347
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348 Adam Beeman: Before I give it to you, Lamar, there's one point that I want to make. The 2023 National Electric
349 Code, I'm almost positive, requires an EV charger in all new residential homes, but the State of North Carolina
350 wants to lag 7 years behind the code, so we're going to be battling that one from trade professionals because
351 we're not required to put it in unless the homeowner wants it, yet. So it's coming down the line, but the state
352 chooses to drag their feet, so we won't be required to put those in homes for another 7 years.
353
354 Statler Gilfillen: Going back to the question I started—
355
356 Adam Beeman: We're working across the board, Statler.
357
358 Statler Gilfillen: Oh, okay. I'm sorry. I wasn't aware of that.
359
360 Adam Beeman: We're getting to you. Lamar, go ahead.
361
362 Lamar Proctor: I just want to say thank you for doing this work. Are there other counties in North Carolina that
363 are adopting a climate action plan?
364
365 Amy Eckberg: There is a ton of counties. I think if they don't have one right now, they're in the process right
366 now of creating one. I think it's pretty commonplace nowadays for cities and towns and counties to be able to
367 have a climate action plan that lays out their strategies pretty specifically.
368
369 Lamar: Okay, great. And I just have a comment because this issue is important to me. I see it as one of the
370 most important issues facing all of us. And I just appreciate that you're working with what you can work with. A
371 lot of these are systemic problems that need to be solved or dealt with on an even larger scale, but I am very
372 grateful that you are doing this work and that our county is committed to doing this. I do feel like we got into this
373 climate situation through thousands and millions of decisions to choose to rely on fossil fuel energy over and over
374 and over again, and the only way we're going to get out of it is, over time, to make thousands and millions of
375 decisions to draw away from reliance on fossil fuel energy. And I do want to just comment that I see the keeping
376 temperatures at 1.5 degrees, and I understand why it's presented that way, but to me, the underlying issue is
377 getting the CO2 concentration in the atmosphere down. So for those who don't know,just looking it up, in 1960
378 it was about 300 parts per million, and it has steadily risen to now 420 parts per million. And so this stuff stays in
379 the atmosphere, and even though it's invisible, it's like anything else, a little bit of it is necessary, like water. You
380 need to drink water every day, but if you drink 5 gallons of water,you're going to die. So this is kind of what we're
381 doing to our atmosphere,just dumping invisible CO2,and it's having these physical effects of trapping heat in the
382 atmosphere. So I just encourage you when you're presenting this information, especially on the website, to
383 mention that parts per million because that is the underlying issue. It isn't the temperature. The temperature is
384 the secondary effect of having too much carbon dioxide in the atmosphere, and I feel like it lets fossil fuel
385 companies off the hook when we only talk about temperature and we don't talk about what the direct thing is,
386 which is the CO2 concentration in parts per million.
387
388 Amy Eckberg: Thank you. Thank you for that feedback. I appreciate it.
389
390 Adam Beeman: All right, Statler, it's your turn now.
391
392 Statler Gilfillen In the building code, the commercial code, energy-wise, is far stiffer and more rigid than the
393 residential code. Apparently, a number of years ago,the residential developers managed to keep it much looser.
394 Many states allow an individual county to override a state building code with something more stiff. That is
395 apparently not the case here in North Carolina. Is there anything that we can do to bring the residential code a
396 little more into conformance of what you need? I've got four questions tonight, by the way. That's one.
397
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398 Amy Eckberg: We're reallyjust trying to advocate with the building code council through various networks. We
399 all join together, and I'm talking about the towns and the counties, to be able to provide some language to
400 encourage them to revisit the building codes. So, right now,that's what we're trying to do -advocate as best that
401 we can for them to do that.
402
403 Cy Stober: If I may, I think the building code council refers to it as liberalizing the building code, but basically
404 what that means is less and less oversight, less and less permitting by our own county and, therefore, less
405 opportunities for us to incentivize energy saving practices as well, through either fee structures or permitting,
406 which I think I made a comment when, last summer when they changed, for example, the minimum amount of
407 improvements that are made to a building that don't require any permits went from $20,000.00 to$40,000.00.
408 So, if you were doing $40,000.00 of improvements to your home, you don't require any permits, and that makes
409 what you're talking about, Statler, very difficult. Doesn't mean that it doesn't deserve advocacy as mentioned in
410 the plan and action.
411
412 Statler Gilfillen: The second issue is, in the last month, a number of studies are starting to come out that EV
413 vehicles may actually in their lifetime be more pollutant than the conventional gas engine, and if we are pushing
414 to improve the EV, use of EV vehicles, are we, in fact, being counterproductive? I don't have an answer for this.
415 1 can only raise it based on what I'm reading in reports and in the news.
416
417 Amy Eckberg: I don't think that we have a definitive answer for that either. I think there's been definitely some
418 issues that have been brought up in terms of the mining of lithium and the production of EVs in the batteries, and
419 then recycling and talking about, you know, there are some negatives to EVs, but I think the positives overall
420 outweigh the negatives, but I think the jury's still out and there's still research being done, so it's hard to say
421 definitively at this point.
422
423 Statler Gilfillen: For a long time they've been talking about the high speed rail going from Raleigh to Charlotte
424 which would go through Orange County. I believe from my own experience being in Europe for a good portion of
425 my life, rail transit makes a big difference. Anything about the high speed rail, in particular, more than bus or
426 other?
427
428 Amy Eckberg: I have not heard any updates on that. Do you all have any updated information?
429
430 Cy Stober: It's going through the initial kind of feasibility analysis because it would actually be a high speed rail
431 line that connects Washington D.C.to New Orleans or Florida, I can't recall. But, yeah, it would use the rail bed.
432 So, we have a 200-foot right-of-way, railroad right-of-way that goes through Orange County. And —
433
434 Statler Gilfillen: Has that already been defined?
435
436 Cy Stober: Yes, it is already owned by the North Carolina Railroad. So, evaluating it for a new set of tracks,
437 because the existing tracks cannot accommodate vehicles traveling at that speed, is necessary. It's very likely
438 additional land will be needed to accommodate that line,and we're talking about decades in terms of making that
439 a reality. Our current president, as you know, is a big advocate of rail. He used the Acela for most of his career
440 commuting from Delaware to D.C. He would love to see it happen, but it takes a very long time and every state
441 has different ways of acquiring land and permitting. So that also adds complications to it. So it's at the very initial
442 levels of evaluation.
443
444 Statler Gilfillen: My last comment, and I hope you can laugh a little bit at this. You made a reference to cycling
445 and walking. There are, in my opinion,two other common uses for those types of trails that seem to be ignored;
446 one would be for jogging. That's different than walking, and sometimes, the architectural planning needs are a
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447 little different, and the other one that seems to be very much missing in Orange County is rollerblading. If it were
448 easy and promoted, more people would possibly do it.
449
450 Whitney Watson: I think it's an amazing amount of work that's been done. It seems to me there is an opportunity
451 over the next 18 months or so as the land use plan comes together to tie some of the issues or actions that are
452 not in alignment. For example, in rural broadband, huge initiative. Let's get rural broadband out throughout the
453 county which, of course,facilitates people working from home and ordering from Amazon with multiple deliveries
454 a day. And then if people now live 15 miles outside of City Center or Town Center, when they get ready to do
455 their shopping, they have to jump in their single use-vehicle and drive in and find places to park, and so on. And
456 the same is true for workforce development or having employment opportunities. In some ways, we're pushing
457 people to move closer and having a more dense environment, and at the same time, we want the county to be
458 more rural and agrarian. So, with that tension between what do we really want for a lifestyle and what do we
459 want to do for the environment is something that probably requires a lot of conversation, and it may require a lot
460 convincing for folks who live out from some of the towns and cities of Orange County.
461
462 Amy Eckberg: Absolutely, and I know that all those things are going to be discussed and looked at as we
463 continue to go down the road of the comprehensive land use plan.
464
465 Delores Bailey: I do agree with all of the information. Just one little point. You talked about possibly providing
466 density as an incentive for when people would include the policies that you're talking about and, with the
467 affordable housing lands on because that's normally what the governments have to give to developers when
468 they do the right thing. When you talk about density bonuses, what were you talking about specifically?
469
470 Amy Eckberg: It could be height density. I know the County of Arlington does a very successful building density
471 program to encourage green development, and they look at things like height density since they're a very dense
472 community. I think that's something that I would just strategize with planning staff. We haven't had
473 conversations about it. I'm just throwing that out there as a possibility, but it would definitely need to be
474 researched more.
475
476 Delores Bailey: So, I was just wondering if there had been any,orjust to encourage you to do a lot of talking with
477 the planning departments because the developers already are looking for ways to provide that in the city and,
478 usually, that's around the affordable housing piece of it.
479
480 Amy Eckberg: That's a great point. Thank you.
481
482 Adam Beeman: Any other questions?
483
484 Statler Gilfillen: I have one last comment, if I might. I don't know if you're familiar. About 2 years ago in the
485 Economist Magazine, there was an article about an Irish company that has cut a contract with the American
486 company Carrier to develop a new type of air conditioning unit that will require half the energy to produce the
487 same chilling effect. It's apparently caught up in the bureaucracy right now a bit. Are you familiar with this at all?
488
489 Amy Eckberg: I'm not, but I think I need to look into it.
490
491 Melissa Poole: So, one other point. As we were talking, Adam made a great point about environmental
492 protections, because we all want them. Unfortunately, in this country, environmental protections are expensive,
493 so there is an economic variable to be considered as well. You mentioned quite a number of things that Wake
494 County has done in legislation they've implemented. One piece of legislation they've implemented, which 1
495 fundamentally and wholly support and would love to see happen in Orange County, is they required their bike
496 riders to get license plate and collect fees,just like you do on a car, in order to offset some of their costs.
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497
498 AGENDA ITEM 8: NOTIFICATION REQUIREMENTS
499
500 Perdita Holtz: Late last year, I think it was around the time we were doing the work plan in December, some
501 planning board members, asked to have an opportunity to review and discuss the current notification
502 requirements that we have in our unified development ordinance when there was available agenda space, and
503 there was available agenda space,this meeting, and so here we are. I am going to give a short-ish presentation
504 and then open it up for you all to discuss as you requested. So, I pulled together all of the current requirements
505 in the UDO in this table that's on the screen and it's within the abstract for this item as well, and basically for
506 amendments that affect a parcel of property, the current notification is that property owners within 1,000 feet of
507 the subject property get a mailed notification, and then there are also signs posted on the property in question.
508 Sometimes, more than one sign is required,for instance, if it's a corner,there's two signs. If it's a very large piece
509 of property, we might post more signs along the frontage. And then, of course, there are also newspaper
510 advertisements for the board county commissioner's public hearing. I wasn't going to go through each of these,
511 it's just a table to share with you.
512
513 You may recall back in March of last year, we provided an info item, also as a result of planning board member
514 requests about NIMs and who requires NIMs, and there some counties that were mentioned in particular to look
515 at. This is a table that is also included in the agenda materials. It's the info item from last year. I made phone
516 calls and emails to the planners within Buncombe County, Durham, Chatham, and Wake Counties to see who
517 requires NIMs and what the notification requirements are, and that is all contained within this table as well. And
518 then,just as a reminder, there is also additional communication that occurs that's a matter of policy or practice.
519 There are email newsletters that go out, and you may have noticed that for the past few months, at the end of the
520 planning board agenda, there's a link there that people can use to sign up for the planning and inspections
521 department monthly newsletter, and then there's also a general county weekly newsletter that includes
522 information on certain planning matters such as re-zonings when they come around,and also social media posts
523 that are done by our community relations department for certain planning matters such as the re-zonings.
524
525 As part of tonight's agenda, over the weekend, Charity sent me a couple of questions because she knew she
526 couldn't be here tonight, and I was able to pull some information that I shared with her and that I'm sharing with
527 you. She asked about population density in unincorporated Durham and Wake and how that compared to
528 Orange County, so I had our GIS data staffperson pull some 2020 census numbers, and, in a nutshell, these
529 yellow-shaded cells here in the spreadsheet show what the density is, and in Durham County, it's .32 people per
530 acre. In Orange County, it's .24 people per acre, and in Wake County, it's .61 persons per acre. And then
531 Charity also asked if address quantities rather than distance is ever used as the standard by which to do
532 notifications, and I can tell you that in my 30 years in planning in four different states, I have never seen that and,
533 importantly, I have not seen it in North Carolina. We are North Carolina and follow North Carolina law, but she
534 had asked if that is ever done . One of the reasons distance is used for the direct-mailed notifications is that it's
535 based on who's directly affected by a project, and I realize there can be a lot of different opinions about directly
536 affected or directly impacted, and so, you know, in Orange County, we settled on 1,000 feet. That was actually
537 increased in 2017 from 500 feet. It was doubled in 2017 to the thousand feet that we use today and which is very
538 much in line with the maximum that anybody else in North Carolina does that we are aware of. And then, also,
539 we do post the signs, so if you're outside of the mailed notification boundary, if it's a site that you're driving by
540 regularly, you're probably going to notice the sign. We know that some people say they can't read the sign, but
541 that tells them, hey, let me find out about this because they show up at the meetings and so they know about it,
542 you know, whether or not they could read every single word on the sign. So, Melissa has a question.
543
544 Melissa Poole: I have a question because us having discussed this many, many, many times, any change would
545 require getting the county attorney involved and a UDO update, isn't that correct? And then the board of county
546 commissioners ultimately have to vote.
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547
548 Perdita: Holtz: Yes, the county attorney's office reviews all UDO updates, and if it were something that was
549 really out of line,you know,we would talk with the attorney staff before we spent any significant time to see if they
550 were even comfortable with the concept.
551
552 Melissa: So, to be clear, it's not something that this board can just propose and vote on and, boom, it happens?
553
554 Perdita Holtz: No, as a matter of fact, before we spent significant staff time on anything coming from a
555 planning board proposal, we would run it through the manager's office who would take it at least to chair/vice
556 chair, if not the full BOCC to get approval to work on that.
557
558 Melissa Poole: And if memory serves, our thousand feet exceed the state recommendation.
559
560 Perdita Holtz: Yes, the state requirement is for abutting land uses which means the parcels that touch or are
561 located directly across the street from the affected parcel.
562
563 Melissa Poole: OK. Thank you.
564
565 Lamar Proctor: And I apologize,just to clarify, is this being brought before us because we feel that we're not
566 notifying enough people? Because on the chart, it looks like we're above and beyond our neighbors, at least, in
567 terms of our distance, and that sort of thing. Okay. I just wanted to make sure I understood.
568
569 Chair Beeman: Dolores, we'll start with you and work our way backwards. If you have any questions?
570
571 Delores Bailey: I'm good. Thank you.
572
573 Chris Johnston: I appreciate the chart. It's always good to know what our neighbors are doing.
574
575 Lamar Proctor: The state law is just the minimum required. The state law doesn't prohibit us from doing,
576 obviously, it doesn't prohibit us from extending our notification areas.
577
578 Perdita Holtz: Well, it doesn't, Lamar, but there may be a limit to that. You know, if Orange County were to
579 suddenly say we're going to go a mile or we're going to go significantly more than any other place in North
580 Carolina does, I don't know that our attorney staff would be comfortable with that and opening up Orange County
581 to a potential lawsuit that is so out of line with what the state statute says and what normal practice is in North
582 Carolina.
583
584 Lamar Proctor: Well,and I'll just make this comment, not to delay this, but I think Chapel Hill tried to do an officer
585 oversight board and that got the interest of the state legislature, and they forbade that, so if you, I think your
586 warnings are...
587
588 Perdita Holtz: You may recall Orange County lost our impact fee authority in 2017.
589
590 Lamar: That, yes.And there are other examples of going above and beyond, and then the legislature comes in
591 and shuts it down on this specific basis.
592
593 Adam Beeman: So, I think would this at some point put an unfair burden on the applicant? The Treesist came in.
594 He had to foot the bill out of his pocket to send out all those notifications at first class regular. It's not bulk mail;
595 correct?
596
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597 Perdita Holtz: That is correct.
598
599 Chair Beeman: So, first class rate for however many notifications you're going to send, that's expensive, at
600 some point, that burden becomes too much, and they'll certainly be at the state house.
601
602 Cy Stober: And, Mr. Chair,that has been the informal conversation we've had with our staff is the applicant
603 has a legal responsibility to notify everyone who could possibly be affected by a special use permit or a zoning
604 case that's tied to a property. When does that threshold end? When are they simply notifying folks? Because
605 the county wants them to, not because they're individuals who'll be directly affected by a change in use on a
606 property. That's kind of been the key takeaway.
607
608 Steve Kaufmann: I remember we had a conversation about this last year. When the signs were brought
609 up about the quality of the signs, and it was mentioned that they're going to improve, did that happen?
610
611 Cy Stober: Yes. And, I don't know when that was when Ashley came and we went through the website, but our
612 social media presence,our website presence are,we use X,we use Facebook,we are getting the word out there
613 in so many more ways than we were before. We have a new newsletter and that is more interactive and
614 integrative with social media. There are so many more resources that we have that use contemporary
615 technology and practices. So, yes, we have better signs that we put physically out there in the world that are
616 easier to see and to maintain, and we're always looking to improve, so please give us feedback if you think of a
617 way that we could make things a little bit better, but we are, I think, leaps and bounds beyond where we were a
618 year ago in terms, particularly our online presence and notifying folks through social media and email.
619
620 Adam Beeman: I would say since my time on this planning board for 7 years that the county has made huge
621 strides in trying to educate the public, notify the public, and engage the public. Public doesn't necessarily want to
622 be engaged, but they demand, so they're doing their best. I assure you it's a heck of a lot better than it ever used
623 to be. So, have faith that they are trying to move in the right direction. And also, last thing, tonight is Melissa's
624 last night. She's rotating off. This is her last night, so I thank you for your service on the board, and we
625 appreciate your time.
626
627 AGENDA ITEM 9: ADJOURNMENT
628
629 MOTION BY Melissa Poole to adjourn meeting. Seconded by Lamar Proctor.
630
631 MOTION PASSED UNANIMOUSLY.
632
633 The meeting adjourned at 8:12 PM.
19
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 3, 2024
Action Agenda
Item No. 7
SUBJECT: Major Subdivision Concept Plan Application — Stonewall Subdivision
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Concept Plan Application Package Ashley Moncado, Planner III 919-245-2589
2. Staff Report Taylor Perschau, Current Planning and
3. Neighborhood Information Meeting Zoning Manager, 919-245-2597
Report Form Cy Stober, Planning Director, 919-245-2592
4. Development Advisory Committee
Comments
PURPOSE: To review and take action on a Major Subdivision Concept Plan application for the
property with Parcel Identification Number 9875-64-5097, at the intersection of Miller Road and
Minnick Road, in accordance with the provisions of Section 2.15 and Article 7 of the Unified
Development Ordinance (UDO).
BACKGROUND: A Major Subdivision Concept Plan — Flexible Development Plan application was
received proposing an 18-lot subdivision with 48.8% open space.
Review Process: A Major Subdivision application requires the submission of a concept plan
and other documents, in accordance with Section 2.15 of the UDO.
• First Action — Onsite visit with the Planning Director.
Staff Comment— The onsite visit occurred on February 16, 2024.
• Second Action — The applicant holds a Neighborhood Information Meeting (NIM).
Staff Comment: The NIM was held on February 28, 2024, at 5:30 p.m., at the
Orange County Public Library.
• Third Action - The Planning Board reviews and takes action on the Concept Plan
application approving Concept Plan - Flexible Development Plan.
• Staff Comment: The Planning Board will review the Concept Plan application at its
regular meeting on April 3, 2024. The Concept Plan application was presented at
the February 1 Development Advisory Committee (DAC) meeting. DAC comments
are contained in Attachment 4.
• Fourth Action — Once a concept plan is approved, the Planning Board reviews and
makes a recommendation on the approval of the Preliminary Plat for the project.
• Fifth Action — The BOCC reviews and take action on the Preliminary Plat
application.
20
• Sixth Action — Once all construction activities have been completed, or appropriate
performance guarantees have been approved, the Planning Director shall take
action on an application solely to affirm conformity with all applicable regulations
and established conditions and approve the recordation of a Final Plat, per UDO
Section 2.15.4, allowing for the individual lots to be created.
Proposal: The petitioner has submitted a Major Subdivision Concept Plan — Flexible Development
Plan application proposing to develop 18 single-family residential lots with approximately 47.9%
(17.42 acres) of dedicated open space. As enabled by UDO Sections 2.15.2(C) and 7.12.5, the
applicant has proposed to pursue the Conservation Cluster Flexible Development option and has not
submitted a Conventional option. Additional information regarding the proposal is contained in
Attachment 2.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval of the request would not create the need for additional
funding for the provision of County services.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive and discuss the Concept Plan application, and
2. Approve the Flexible Development option, contained in Attachment 1.
Attachment 1 21
IN
Orange County Planning & Inspections Department
OM GE COUNTY131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278
v NORTH CAROLINA 919-245-2575 or planningagps()-orangecountync.gov
Subdivision Application
Please check all applicable boxes and complete the required documentation.
11202
If completing by hand, please use black or blue ink.
Date: o( .�/ Please fill out a l required fields
Expedited Minor Regulated Minor Concept Plan ✓ Major Concept Plan
❑Major Preliminary Plat
Regulated Minor Final Plat [_]Major Final Plat
Contact Information*
Property Owner(s): Grayrose Properties, LLC
Mailing Address: 1050 Rhodes Gap Trail
Phone: 919-808-8227 Email: grayroseproperties@gmail.com
Applicant (if different than property owner): Kevin Currin
Mailing Address: 1050 Rhodes Gap Trail
Phone: 919-808-8227 Email: grayroseproperties@gmail.com
Parcel ID Number(PIN): 9875-64-5097 Total Acreage:
age. 36.36 acres (per GIS)
Location (Road Name): Miller Road
Existina Structures? Yes No - If yes, r)lease list existina structures:
Subd#v'rsioc>t fnformatnn
Proposed Number of Lots: 18
If existing road, how many lots are using it? 0
New private road proposed?[] Yes[a No New public road proposed? ✓0 Yes[-] No
Water Supply: ✓0 Well Community
Public—[] Durham Hillsborough Mebane OWASA Q OAWS
Wastewater: ❑✓ Septic❑Community
Public-❑ Durham Hillsborough 0 Mebane Q OWASA OAWS
Page 1 of 2
22
I certify that, to the best of my k owledge, the information contained above, and in the supporting
documents, is a factual representation of the proposed development.
I acknowledge that by signing this application, the Orange County Planning and Inspections
Department is authorized, pursuant to NCGS 160D-403, to make as many inspections of the subject
property as may be necessary to verify that the proposed work outlined herein is consistent with the
provisions of all applicable State and local laws, ordinances, and regulations.
By signing this application, I acknowledge and agree that inspectors, zoning officers, erosion control
officers, and other staff of the Orange County Planning & Inspections Department have a right, upon
presentation of proper credentials, to access the subject property at a reasonable hour for the
purposes f ins ection or other enforcement action.
caner Signature(s) t /1 Applicant Signature (if different from owner)
a� at /�2
Date Date
Section Completed by Staff
Zoning: Watershed:
Other overlay districts impacting property:
Stream on lot?[]Yes[-] No
Floodplain on lot?[]Yes []No
Note: If the property to be subdivided is currently under farm use value taxation, please contact the
Orange County Tax Office at 919-245-2100. Subdivision of the property may require payment of
deferred taxes under farm use value taxation.
Page 2 of 2
23
GIN 987564509)
FLEXIBLE SUBDIVISION PLAN FOR
STONEWALL UBDIV I Z5
1.
ORANGE COUNTY NC W
d a
ECE GENERAL NOTES ECE LEGEND PR09[m D ENGINEER: INDEX OF DRAWINGS c d^`"
CHARLES P. KOCH P.E. C1.0 COVER SHEET N
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° s c GE OF PAwENT(Ear) — mE_TaRR�s-GRouP B AGENILLE-GROUP B ROBERT S. JONES NCPLS�/L-3939
Mmm PreI re T c Trepcn Oswax PROPOSED_ LIT A R.S. JONES&ASSOCIATES, INC. O H -
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ALL DEMOLITION AND GOxs R GnON acn,,EG Core® IOI«� 'O LO /ACRE
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ALL lA AND DlsvoRE TO M CRNM Eve.AND STRUcrUREs To BE REMOVED SNALL BE"..I RE INLET(a) ANO OSE BMITER. xja PHONE: SjSUR 3-3623
_ BOBBYC�RSJSURVEYORS.COM
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FIRE ANT(M) S ILLGRWaRECREATI°xia"LH/c EE sE C...0 ITY RARN BEFORE nxAL vur AvvRD A, 0R1N 1050 RHODES GAP TRAIL a
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Staff Report Attachment 2
Major Subdivision — Concept Plan
Basic Information
Vicinity Map for PIN 9875645097 Parcel Identification9875-64-5097
Number (PIN)
L[tle R T ship
e( - Kevin Currin
R�e.pm°°ted - Applicant Name
d °v T p 1Z1 ; 1050 Rhodes Gap Trail
E Pro a and Address
U Durham, NC
PP UPP >s
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Property Owner
k 7 wns ip ,. ,.rE°oT°,vnshlp - Name and Address Kevin Currin
if different from 1050 Rhodes Gap Trail
�` H,$bo,ou9n ( Durham, NC
Applicant)
' Lower En C
Pr°Lecerd /
EarthCentric Engineering
Agent(s), if 204 West Clay Street
applicable Mebane, NC
F-141111ooro°9n—hip
MB]as4&31c9 � Joctl
'Water SupplYh d
Parcel Size +/-36.36 acres Adopted Future Land Use Map with Parcel 9875645o97 Depicted
Future Land Use
Map (FLUM) Rural Residential, Agricultural U
Designation Residential
FLUM Overlay(s) Resource Protection Area
Growth Management Rural Designation <
System Designation Lower Eno
Rural Residential - Land in the
rural areas of the County which is
Definition of FLUM appropriate for low
Designation intensity and low-density 9875645097 9oi
residential development and which
(Land Use Element would not be dependent on urban xo
of Comprehensive services during the plan period.
Plan)
Agricultural Residential - Land in
the rural areas where the
(Appendix F of prevailing land use activities are
Comprehensive related to the land (agriculture, Wa'"'g°'°""
Reg°°r`e r�ma°nree
Plan) forestry) and which is an `W"few°°�Yeas Tann°s°°°'°p°"e5, iO°ry
appropriate location for the
A{nn Wral R°aicaial
i..v .n.<rcfwi
continuation of these uses. ETJ
Interlocal Agreement
Applicable Yes
Y/N
1
Town of Hillsborough/Orange County Central Orange
Coordinated Area Land use Plan
u
Applicable ILA Central Orange Coordinated Area
(COCA) Land Use Plan
Future Land Use Qb "
Classification Rural Living /
9876"5897 obi
These areas reflect existing very-
low density residential uses with
densities below 0.5 dwelling units
per acre that occurs in areas
Description without public water and sewer
service, in locations where
continued low-intensity use
o
without public water and sewer is OPIN.W66A5697 &
desirable for the foreseeable Pe,mane ioPe sce g
Rurai Irving xcPcEaw �„
future.
Existing Zoning Current Zoning R-1 (Rural Residential),
District AR (Agricultural Residential)
\ er Eno Current Use Undeveloped
I
9875645097 � ° Township Hillsborough
�P
¢�a
y �
` Existing Zoning
Overlay Districts N/A
si,ea
Wainn 0�0i
Zoning
Rl
ETJ Watershed District Lower Eno Unprotected
2
Surrounding Land Uses and Zoning Aerial Image with Parcel 9875645097 Outlined
— AR (Agricultural Residential) and R-1 {
North (Rural Residential)
— Undeveloped, Residential homes i
South
R-1 (Rural Residential)
— Undeveloped, Residential homes
— R-1 (Rural Residential) and AR
East (Agricultural Residential) uF> a
— Residential homes
West — R-1 (Rural Residential)
— Residential homes
Existing Roads
North None •;
f J
South Minnick Road (Private - 50 ft. Right of Way)
East None F.
West Miller Road (Public - 50 ft. Right of Way)
Existing Conditions/Physical Features
The parcel is undeveloped with a cleared section of land. The northern and eastern portion of the site is
wooded and contains a stream, identified by Orange County as a Resource Protection Area. The existing
stream includes an 80-foot buffer on either side of the bank based on UDO Section 6.13. The site is located
within a Special Flood Hazard area due to the existing 500-year floodplain located along the stream on the
northern and eastern portion of the site. An existing 100-ft. Duke Power easement runs east/west through
the parcel and contains three towers onsite.
Public Water and Sewer
Private well and septic are proposed for the site.
Proposed Project
Proposed Development
Grayrose Properties, LLC, is proposing a flexible major subdivision including 18 single family homes and
47.9% (+/-17.42 acres) open space on +/- 36.36 acres. The average lot size is 40,012 square feet. The
applicant has proposed to pursue the Flexible Development option and has not submitted a Conventional
option per Section 2.15.2(C) of the UDO.
The Flexible Development Conservation Cluster option involves the preservation of a minimum 33% of the
total tract's land area as protected open space. The applicant has submitted a concept plan layout
(Attachment 1) with proposed lots adhering to the 1-acre (43,560-square feet) lot size and proposing
approximately +/-17.42 acres of open space. As allowed by UDO Section 7.12.4(A)(2), the applicant is
permitted to have 30,000-square foot lots with an open space dedication of 40% or greater. The applicant
has requested not requested this decreased lot size and/or increased density.
3
33
A summary of the proposal is as follows:
Number of Average Lot Open Space
Subdivision Type Lots Size Area in Open Space percentage
Flexible Development 18 40,012 sq. ft. +/-17.42 acres in open 47.9% in
Plan space open space
Open Space
The Flexible Development plan proposed a total of+/-17.42 acres of open space. Primary open space, including
the stream, flood, and buffer areas, total 12.90 acres; Secondary Open Space includes 4.52 acres.
Landscape Buffer
The Flexible Development plan identifies a 30-ft. Type B Buffer along Miller Road. No additional buffers are
required, per UDO Section 6.8.6.
Recreational Facilities
Recreational facilities payment in lieu fees shall be paid towards North Hillsborough/Cheeks Community
Park before final plat approval.
4
Site Plan how
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5
J
35
Proposed Access and Transportation Network Improvements
The project proposes residential access via a new 50-foot public right of way connecting Miller Road, and
is subject to NCDOT design and construction standards. No roadway improvements are required by
NCDOT, but the project will require a Driveway Permit. The new road shall not be interconnected to any
adjacent properties and is proposed to terminate in a cul-de-sac conforming with the NC State Fire Code.
Per LIDO Section 6.17.2(2), a traffic impact analysis is not required.
Summary of Transportation Information
Existing Roadway Characteristics
Affected Roadway Miller Road
Type of Roadway Local — 2 lane undivided
Current Roadway Capacity 10,000 AADT
Latest Traffic Volume 1,600 AADT
Traffic Generation
Number of Trips Expected to be Generated by 150
Proposed Project
Proposed Utilities
Water and wastewater services will be provided via individual private wells and septic systems on each lot.
Wells and septic systems shall meet Orange County Environmental Health standards.
Erosion Control/Stormwater Regulations
The applicant has indicated the project will conform to existing stormwater management (Section 6.14) and
erosion and sedimentation control (Section 6.15) regulations of the UDO.
Land Use Buffers/Setbacks
North 30' from front, 15' from side and rear Setback
South 30' from front, 15' from side and rear Setback
East 30' from front, 15' from side and rear Setback
West 30' from front, 15' from side and rear Setback, 30' Type B Buffer
Reduced setbacks are permitted as part of the Flexible Development Option.
Environmental Assessment (EA)
An Environmental Assessment is not required for concept plan applications.
Solid Waste
The applicant has indicated development within the project will conform to the Orange County Solid Waste
Management Ordinance.
6
Review Milestones
Application Submittal Date January 9, 2024
Development Advisory Committee February 1, 2024
(DAC) Review
Neighborhood Information Meeting February 28, 2024
N I M)
Note: the DAC is a staff/agency committee, established in Section 1.9 of the UDO.
Courtesy Review
Jurisdiction Date Sent Comments Received (Y/N)
State Clearinghouse February 20, 2024 No
Analysis
Staff Analysis
As required under UDO Section 2.15.2 (E) , the Planning Director is required to: `prepare and submit a
recommendation' on the concept plan to the Planning Board for consideration. In analyzing this
request, the Planning Director offers the following:
1. The application has been deemed complete in accordance with the requirements of Sections
2.2 and 2.15.2 of the UDO.
2. Staff has determined that the property is of sufficient size to support the proposed subdivision.
3. Staff has determined that the concept plan should conform with the development standards of
Article 6 and the subdivision standards of Article 7 when refined as a preliminary plat.
4. Staff supports the approval of the flexible development option contained in Attachment 1.
IL- 7
Attachment 3 37
Neighborhood Information Meeting Report Form
REPORT OF INFORMATION MEETING REQUIRED BY
THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE
To: Ashley Moncado, Planner III
Project Name: Stonewall
Approximate Location (or Address): East of the intersection of Miller Road & Paw Court
Proposed Number Lots: 18 Residential (Y/N): Yes
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) 02/08/2024. A photo of the sign
posted is recommended to be attached to this form.
The meeting was held at the following time and place: Wednesday, February 28, 2024, Orange
County Public Library, Main Meeting Room, 137 West Margaret Lane, Hillsborough, NC 27278
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):
1. Prior to the NIM, a call was received asking about fencing and landscaping against Panther
Ct Lots and what the homes look like. Power easement prevents fencing and landscape.
2. Discussion on why Orange County Planning is not part of the meeting.
3. Well Discussions regarding common or individual wells. Concerns about impact of 19
additional wells on adjacent well pressure, quality and availability.
4. Open space area discussions. Open space owned by HOA.
5. Discussions on what the home are going to look like and the sizing of the homes.
6. Discussion as to why this subdivision can't be included on public water & sewer.
7. Discussion regarding the existing trees and what will be retained.
8. Concerns about walking safety on Miller Road. Neighbors think there is too much traffic
and that the traffic is moving too fast on Miller Road. Questions about a traffic study.
9. Discussions on the overcrowding of schools.
10. Reminder about an upcoming Planning meeting.
11. Questions about an easement to the neighbor lot and if fiber is coming to the area.
12. Stormwater facility discussion about type, location and appearance.
13. Discussion about protection of the existing creek.
14. Revisit of traffic discussions and location of new road. Concern about sight distance.
15. Disappointment regarding the "boring" appearance of the layout. Discussion regarding
what possible alternate layouts would look like.
16. Revisit home appearance and timeline of construction.
17. Questions regarding if the developer intends on building the homes or selling the lots.
18. Conclusion of the meeting and general congregation around the site plan exhibit.
38
As a result of the meeting, the following changes were made to the project proposal (Attach
additional sheet(s) if needed): No changes to the plan were deemed necessary based on the
discussions had at the neighborhood meeting.
Date: 02/29/2024
Applicant: EarthCentric Engineering Inc.
By: Shawn C. Sidener
Please submit this Report to the Orange County Planning Department located at 131 W.
Margaret Lane or mail it to Ashley Moncado, at 131 W. Margaret Ln. Hillsborough NC, 27278. If
you have any questions, please contact the assigned staff planner.
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42
02/08/2024
NOTICE OF NEIGHBORHOOD INFORMATION MEETING (NIM)
STONEWALL(MAJOR FLEXIBLE SUBDIVISION); CASE#SUB24-0001
To Whom It May Concern:
We (the applicant)have submitted a Flexible Major Subdivision Application proposing to develop property
located just east of the intersection of Miller Rd&Paw Court(PIN#9875-64-5097)for development of a
single-family home subdivision. Per Section 2.15,Major Subdivisions of the Unified Development
Ordinance, you are receiving this letter because property you own is within 1,000 ft. of this parcel. The
parcel is further described below:
Property Information
Parcel ID Numbers (PIN) 9875-64-5097
Owner Grayrose Properties, LLC
Applicant EarthCentric Engineering Inc.
Location No Address (East of Miller Rd & Paw Court)
Acreage 36.36
Zoning R1 (Rural Residential) &AR (Agricultural Res.)
Watershed Designation Lower Eno Unprotected (Neuse River Basin)
What is being proposed?
18-unit single-family home subdivision with public road ending in a cul-de-sac.
What is this meeting for?
This Neighborhood Information Meeting(NIM)will allow you and other nearby property owners to meet
with the applicant and discuss the proposal.
When and where is the meeting?
Meeting Information
Date Wednesday, February 28, 2024
Time 5:30 PM
Place Orange County Public Library, Main Meeting Room
Address 137 West Margaret Lane, Hillsborough NC 27278
Ashley Moncado, Planner III
Assigned Planner 919-245-2589
amoncado@orangecountync.gov
Following the NIM,the concept plan will go to the Planning Board for review and approval. Following this
action, a preliminary plat shall be submitted for review and recommendation by the Planning Board,prior to
review and approval by the Board of County Commissioners.
If you have any questions regarding this project, feel free to reach out to Shawn Sidener at EarthCentric
Engineering,Inc.by phone at 919-563-9041or by email at Shawn.Sidener(u,EarthCentric.com.
Thank you.
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44
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.24S.2575
March 25, 2024
Stonewall Subdivision
Case #: SUB24-0001
PIN: 9875-64-5097
Re: Development Advisory Committee Report for SUB24-0001 (UDO § 1.9.5)
The Orange County Development Advisory Committee (DAC) met on February 1, 2024, for a
final review and discussion of the major subdivision concept plan application for PIN 9875-64-
5097 (Case #: SUB24-0001).
The Orange County DAC has no objections to the approval of the major subdivision concept
plan application 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,
Cy Stob r
Planning & Inspections Director
Orange County Government I www.orangecountync.gov 1 919.732.8181
45
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245•2575
Development Advisory Committee (DAC) Comments
DAC review comments and recommendations do not constitute plan or permit approval for this application
and/or replace any other plans and permits that may be required by other County departments and State
agencies.
Project: SUB24-0001
Location/PIN: 9875-64-5097
Applicant: Kevin Currin
Staff Planner: Ashley Moncado, Planner III
DAC Meeting Date: 2/1/2024
Addressing and Britney Pendleton
9 Land Records Date: 1-19-24 Staff: brpendleton(aD_orangecountync.gov
919-245-2576
1. Email add ressing(a-)_orangecountync.gov to request road name reservation for new street
and information on road naming process.
James Bryan
VAttorney's Office Date: Staff: jbryan(a-orangecountync.gov
919-245-2319
No comments received.
Building Michael Rettie
Inspections Date: 1/19/24 Staff: mrettie(a_orangecountync.gov
919-245-2604
1. All construction regulated by the NC Building Codes will require building permits.
2. If a CBU is to be provided, compliance with NCDOT, USPS and ADA will be required.
Chris Hirni
DEAPR Date: 1/30/24 Staff: chirni(a-)_orangecountync.gov
919-245-2514
1. Please see attached memo.
Environmental Victoria Hudson
Health Date: 01/26/2024 Staff: vhudsonCa)-orangecountync.gov
919-245-2365
1. No applications have been received for this project.
Erosion Nate Jacobsen
Control Date: 1/23/24 Staff: njacobsen(aD_orangecountync.gov
919-245-2580
1. A Land Disturbing Permit will be required for the proposed project.
2. Based on project extent and site contours, proposed SCM basins may need to act as
sediment control basins prior to conversion.
46
Fire and Life Elizabeth Farnan
Safety Date: 1/29/24 Staff: efarnan(a)orangecountync.gov
919-245-6153
No comments.
Chuck Edwards
NCDOT Date: Staff: cnedwards(a)-ncdot.gov
336-570-6833
1. Permitting:
Prior to performing work in the NCDOT right of way, the applicant will need to obtain an
approved Driveway Permit for the proposed site access.
2. Trip Generation and Traffic Impacts:
Based on the information provided, the site consists of 18 single family residential lots.
The site is expected to generate approximately 150 daily trips at full buildout. The site
access and adjacent road network is expected to operate acceptably with no road
capacity improvements required per NCDOT guidelines.
3. Jurisdictional Authority- Internal Streets:
The submitted materials contain contradictory information regarding public or private
internal street. The applicant needs to specify. Public subdivision streets are subject to
NCDOT design and construction requirements.
4. Intersection Sight Distance:
NCDOT staff performed a site visit to evaluate intersection sight distance. Observed time
gaps and associated sight distances were not observed in the field due to horizontal and
vertical road geometry and vegetative obstructions. The applicant will need to further
evaluate and provide design information meeting NCDOT and AASHTO requirements.
5. Plans:
Prior to issuance of the driveway permit and approval of internal subdivision streets (if
applicable) the applicant will need to submit complete and final plans per NCDOT
requirements to NCDOT for review and approval.
Ashley Moncado
Planning Date: 1-24-24 Staff: amoncado(a)_orangecountync.gov
919-245-2589
Concept Plan
1. Provide a note referencing recreational facilities payment in lieu fees shall be paid
towards North Hillsborough/Cheeks Community Park before final plat approval.
2. Site Analysis sheet shall be drafted based on Section 7.13.2(A)(3), including the labeling
of Primary and Secondary open space areas. In addition, a design process checklist, as
contained in Section 7.12.8(B), shall be provided from the applicant.
3. Recommend the removal of the proposed parcel lines from the Site Analysis Map — Pre
Development Sheet C3.1 and the removal of the proposed house locations, wells, and
septic fields from the Site Analysis Map— Post Development Sheet C3.2.
4. Landscape buffers shall be identified on the concept plan per Section 6.8.6.
5. The application for this project proposed a public road, however, Sheet C1.0 of the
concept plan references Proposed Private Roadway Data. Please confirm with staff if
the proposed road is public or private and revise sheet C1.0 and label sheets C3.0, 3.1,
3.2, and 5 as public or private.
47
Application and Review Process
1. A Neighborhood Information Meeting (NIM) is required at least 14 days prior to Planning
Board meeting. NIM notifications are required to be sent out a minimum of 14 days prior
to the meeting. Once the NIM is scheduled, please notify staff in order to finalize
Planning Board meeting date.
2. Per Section 2.15.2(B), the applicant shall schedule an onsite visit with the Planning
Director. This shall occur prior to the Neighborhood Information Meeting.
Matt Taylor
Solid Waste Date: 1/29/24 Staff: mtaylor(a)-orangecountync.gov
919-918-4905
1. Road width and Cul-de-sac radius are sufficient for OC Solid Waste Recycling
Collection vehicles to access safely and turn around
Stormwater Nate Jacobsen
Management Date: 1/23/24 Staff: nlacobsenCcDorangecountync.gov
919-245-2580
1. A Stormwater Management Plan will be required for the proposed project.
Transportation Darlene Weaver
Services Date: 1/30/24 Staff: dweaverCo)-orangecountync.gov
919-245-2002
1. In accordance with Orange County Complete Streets and Vision Zero Policy we request
the applicant provide opportunities for all travel modes especially bike, pedestrians. i.e.,
Sidewalks
48
ORANGE COUNTY
Department of Environment,
Agriculture,Parks&Recreation
MEMORANDUM
To: Taylor Perschau, Current Planning Supervisor,Planning and Inspections Department
From: Christian Himi,Land Conservation Manager
Date: January 30,2024
Re: Stonewall Subdivision-Regulated Major Subdivision Application
Thank you for the opportunity to review and comment on the proposed Regulated Major Subdivision
upon land listed under Grayrose Properties LLC. The development would create 18 single-family lots and
associated open space on approximately 36 acres located on the east side of Miller Road,north of the
intersection with Orange High School Road The subject property is one parcel(PIN 9875-64-5097)and is
within the Lower Eno River Watershed.
The property's northern bounds contain approximately 1,500 linear feet of Strouds Creek and a small
tributary entering from the north for an additional 200 feet. Strouds Creek is a direct tributary to the Eno
River,meeting its confluence just over 1.3 miles downstream.
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 15.99 acres of Open Space(-44 percent)primarily around
riparian buffers of Strouds Creek and its tributaries, and the floodplains as delineated within the site plan.
The area on the property containing the Strouds Creek,its tributaries,the floodplains, and a one-acre
portion of the forested area around the tributary through the northern portion of the property,
approximately 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 Strouds Creek(and its forested corridor approximately 200-300 feet from
centerline),to be of highest conservation value(Score 10/10). This section of the Strouds Creek is listed
within the State Inventory of Natural Areas for Eno River Aquatic Habitat and is confirmed by the
Natural Heritage Program to be primary habitat for(and contain occurrences of)two species of highly
sensitive freshwater bivalves(mussels), including the listed state threatened Notched Rainbow Villosa
constricta, and state threatened Creeper Strophitus undulatus. As such,this area would be the desired
addition to any potential extension of the proposed open space on the tract.Any such use of this area
should be limited to allowing it to remain in its natural and wooded state, and the recommendation would
be to provide only low impact recreational uses in the designated open space. All other uses or potential
improvements associated with the development of the tract should be located outside of this area.
49
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:
Orange County has previously developed the Fairview Park property in this park district, approximately
one and one-half miles to the west. Several State Parks are also located in close proximity. Based on these
existing sites,payment-in-lieu funds to help fund future park amenities in the district is recommended
rather than land dedication.
If you have questions,please contact Christian at 245-2514 or Peter Sandbeck at 245-2517.
50
From: Edwards,Charles N
To: Ashley E. Moncado; Elizabeth Farnan; Nishith Trivedi;Matthew Taylor;Christian Hirni
Cc: Steve Kaltenbach;Christopher Sandt
Subject: RE: [External]DAC Memo-SUB23-0098(Williams Glen)and SUB24-0001(Stonewall)
Date: Wednesday,February 21,2024 9:58:19 AM
Attachments: imaae003.pna
Ashley,
NCDOT has previously provided comments to DAC on these submittals. NCDOT has no
additional comments at this time.
C. N. Edwards Jr., PE (Chuck)
District Engineer
North Carolina Department of Transportation
Division of Highways
Division 7, District 1
336 570 6833
cnedwardsCc�ncdot.gov
115 East Crescent Square Drive
P. O. Box 766
Graham, NC 27253
F
51
MEMORANDUM
TO: DEVELOPMENT ADVISORY COMMITTEE
FROM: MATT TAYLOR,ORANGE COUNTY SOLID WASTE MANAGEMENT
SUBJECT: SUB24-0001
DATE: 2-27-2024
1. ROAD WIDTH AND CUL-DE-SAC RADIUS ARE SUFFICIENT FOR OC SOLID WASTE
RECYCLING COLLECTION VEHICLES TO ACCESS SAFELY AND TURN AROUND. NO
FURTHER COMMENTS FOR THIS PROJECT FROM OC SOLID WASTE
52
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.24S.2575
MEMORANDUM
TO: Cy Stober, AICP — Director, Planning & Inspections Department
FROM: Patrick Mallett, Deputy Director Development Services
CC: Christopher Sandt, PE — County Engineer, Planning & Inspections; and
Steve Kaltenbach, Erosion Control and Stormwater Supervisor
DATE: February 28, 2024
CASE: SUB24-0001
PIN: 9875-64-5097
WATERSHED: Lower Eno Unprotected (Neuse River Basin)
PROJECT: Stonewall Subdivision
SUBJECT: Summary of Findings Regarding Conformance with Orange County
Unified Development Ordinance (UDO) for Erosion & Sedimentation
Control and Stormwater Management
This memo summarizes the Development Services Erosion Control and Stormwater
Management Division's (hereafter, the "Division's) assessment of the submitted
application for a Major Subdivision Concept Plan (SUB), submitted as the "Stonewall
Subdivision" (hereafter, the "project"). The project is located within 36.36 acres of
property located along Miller Road within the Hillsborough township.
The request proposes development consisting of:
■ New 18-lot flexible subdivision
■ New public entrance road (50-ft right-of-way)
The Staff comments contained herein are based upon a Subdivision Plan dated January
4, 2024. 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 the Site Plan.
Erosion & Sedimentation Control (E&SC):
Based on the submitted materials for the proposed development, the project could meet
the Erosion and Sedimentation Control requirements as required by Orange County UDO
Section 6.15 and could be developed as generally proposed.
Page 1 of 2
Orange County Government I www.orangecountync.gov 1 919.732.8181
53
Stormwater Management:
The submitted materials indicate a level of development that could meet current UDO
requirements specific to stormwater management. Two (2) permanent Stormwater
Control Measures (SCMs) are proposed; specifically, "SWM 1" and "SWM 2". Only the
general locations of the proposed SCMs have been provided, with no supporting
calculations. The project will need to meet applicable stormwater management
requirements as outlined in Section 6.14 of the Orange County UDO and must be 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 SUB application so long as a
complete LDP application and supporting plans and calculations are submitted for review,
processing, and approval prior to commencement of on-site Land-Disturbing Activity. As
the project progresses, additional field observations, additional permitting by others (e.g.,
US Army Corps of Engineers, NC 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
SUB application.
Christopher Sandt, PE Date
2/28/24
Steve Kaltenbach Date
Page 2 of 2
54
Ak 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: March 18, 2024
CASE: SUB24-0001
PIN: 9875645097
WATERSHED: Lower Eno
PROJECT: 18 lot major subdivision, flexible option with 48.8% open space and
new public road
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 flexible subdivision plan,
submitted as the "Stonewall" project (hereafter, the "project"). The project is located
within 36.36 acres of property on Miller Road, Hillsborough. The request proposes
development consisting of:
• Application is proposing to subdivide parcel into 18 lots.
The Staff comments contained herein are based upon the submittal of a required Site
Plan, dated January 4, 2024, and posted for review on February 19, 2024. 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 subdivision is one involving preliminary
determination of soil suitability for septic systems and available space for private
water supply wells.
55
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.
Existing EH records are attached.
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 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(a)_orangecountync.gov.
�A ` Wav" 03-18-2024
Victoria Hudson, MPA, REHS Date
Or designee
56
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 3, 2024
Action Agenda
Item No. 8
SUBJECT: Major Subdivision Concept Plan and Preliminary Plat Application —
Williams Glen
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Concept Plan Application Package Ashley Moncado, Planner III 919-245-2589
2. Preliminary Plat Application Package Taylor Perschau, Current Planning and
3. Staff Report Zoning Manager, 919-245-2597
4. Neighborhood Information Meeting Cy Stober, Planning Director, 919-245-2592
Materials
5. Development Advisory Committee
Comments
PURPOSE: To review and take action on a Major Subdivision Concept Plan and Preliminary Plat
application for the property with Parcel Identification Number 9883-09-8108, immediately north of the
intersection of Lawrence Road and Lannie Drive, in accordance with the provisions of Section 2.15
and Article 7 of the Unified Development Ordinance (UDO).
BACKGROUND: Applications for both a Major Subdivision Concept Plan — Flexible Development,
and a Preliminary Plat application for the same Flexible Development were received, proposing a 15-
lot subdivision with 35% open space.
Review Process: A Major Subdivision application requires the submission of a concept plan, a
preliminary plat, and other documents, in accordance with Section 2.15 of the UDO.
• First Action — Onsite visit with the Planning Director.
Staff Comment— The onsite visit occurred on January 8, 2024.
• Second Action — The applicant holds a Neighborhood Information Meeting (NIM)
Staff Comment: The NIM was held on February 13, 2024, at 5:45 p.m. at the
Orange County Public Library.
• Third Action - The Planning Board reviews and takes action on the Concept Plan
application approving Concept Plan - Flexible Development Plan.
Staff Comment: The Planning Board will review the Concept Plan application at its
regular meeting on April 3, 2024.
The Concept Plan application was presented at the January 18 Development
Advisory Committee (DAC) meeting and the Preliminary Plat application was
presented at the February 15 DAC. DAC comments are contained in Attachment 5.
57
• Fourth Action — Once a concept plan is approved, the Planning Board reviews and
makes a recommendation on the approval of the Preliminary Plat for the project.
Staff Comment: Based on the applicant's request to present the Concept Plan and
Preliminary Plat together to the Planning Board, the Planning Board will review and
provide a recommendation to the Board of County Commissioners (BOCC) on the
Preliminary Plat application at its regular meeting on April 3, 2024.
• Fifth Action — The BOCC reviews and takes action on the Preliminary Plat
application.
• Sixth Action — Once all construction activities have been completed, or appropriate
performance guarantees have been approved, the Planning Director shall take
action on an application solely to affirm conformity with all applicable regulations
and established conditions and approve the recordation of a Final Plat, per UDO
Section 2.15.4, allowing for the individual lots to be created.
The Concept Plan and Preliminary Plat application were provided to the State Clearinghouse for
courtesy review on February 8. Planning staff has reviewed the State Clearinghouse comments, as
they pertain to the Major Subdivision project area, and have not identified areas of significant
concern.
Proposal: The applicant has submitted a Major Subdivision Concept Plan — Flexible Development
Plan application (Attachment 1) and a Preliminary Plat (Attachment 2) for the same project to
develop 15 single-family residential lots with approximately 35% (+/-9.95 acres) of dedicated open
space. As enabled by UDO Sections 2.15.2(C) and 7.12.5, the applicant has proposed to pursue the
Conservation Cluster Flexible Development option and has not submitted a Conventional option.
Additional information and staff analysis regarding the proposal is contained in Attachment 3.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval of the request would not create the need for additional
funding for the provision of County services.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive and discuss the Concept Plan application,
2. Approve the Flexible Development option, contained in Attachment 1,
3. Receive the Preliminary Plat application, and
4. Recommend approval of the Preliminary Plat to the BOCC, as submitted.
58
Attachment 1
ORANGE
- Orange County Planning & Inspections Department
ORANGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278
NORTH CAROLINA 919-245-2575 or
- Subdivision Application
Please check all applicable boxes and complete the required documentation.
If completing by hand, please use black or blue ink.
Date: 11/22/2023(revised 02/29/2024) Please fill out all required fields
Subdivision Type (please select one)*
❑Expedited Minor ❑Regulated Minor Concept Plan ❑✓ Major Concept Plan
❑Major Preliminary Plat
❑Regulated Minor Final Plat [_]Major Final Plat
Contact Information*
Property Owner(s): Lawrence Road Partners, LLC
Mailing Address: 320 Executive Court
Phone: 919-732-3883 Email: James.Parker@summitde.com
Applicant (if different than property owner): James W. Parker
Mailing Address: 320 Executive Court, LLC
Phone: 919-732-3883 Email: James.Parker@summitde.com
Property Information*
Parcel ID Number (PIN): 9883-09-8108 Total Acreage: 28.17
Location (Road Name): Lawrence Road
Existing Structures? Yes ✓ No - If yes. 0ease list exi-stin-Q structures:
Subdivision Information*
Proposed Number of Lots: 15
If existing road, how many lots are using it? 0
New private road proposed?❑Yes[Z] No New public road proposed?❑✓ Yes[] No
Water Supply: ❑✓ Well❑ Community
Public—❑ Durham❑ Hillsborough❑ Mebane[:] OWASA❑OAWS
Wastewater: ❑✓ Septic❑Community
Public—❑ Durham❑ Hillsborough❑ Mebane❑ OWASA❑ OAWS
Page 1 of 2
59
Certification and Signatures*
certify that, to the best of my knowledge, the information contained above, and in the supporting
documents, is a factual representation of the proposed development.
I acknowledge that by signing this application, the Orange County Planning and Inspections
Department is authorized, pursuant to NCGS 160D-403, to make as many inspections of the subject
property as may be necessary to verify that the proposed work outlined herein is consistent with the
provisions of all applicable State and local laws, ordinances, and regulations.
By signing this application, I acknowledge and agree that inspectors, zoning officers, erosion control
officers, and other staff of the Orange County Planning & Inspections Department have a right, upon
presen of proper credentials, to access the subject property at a reasonable hour for the
purpose of in n or other enforcement action.
Ownel�-.Signature(s Applicant Signature (if different from owner)
02/29/ 024 02/29/2024
e Date
Section Completed by Staff
Zoning: Watershed:
Other overlay districts impacting property:
Stream on lot?❑Yes❑No
Floodplain on lot?[]Yes[]No
Note: If the property to be subdivided is currently under farm use value taxation, please contact the
Orange County Tax Office at 919-245-2100. Subdivision of the property may require payment of
deferred taxes under farm use value taxation.
Page 2 of 2
60
PIN 9883-09-8108
FLEXIBLE SUBDIVISION CONCEPT PLAN FOR THE:
WILLIAMS LE Z5 o
LAWRENCE ROAD, ORANGE COUNTY, NC r
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ALL CLEARIND.DRNRRINC AND I.C.I..ELL-TEDAL WALL RE DIRP 1 NE IEOALLr. R.I.DR...,uuxcnox Box NBO :,D) ;;D' LOT FAX: 919-304-3234
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Attachment 2
Orange County Planning & Inspections Department
ORANGE O 1 T 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278
Jf "[.f i �la►It*��'�lI.,�INA 919-245-2575 or ;r �,'�n cc�ur
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Subdivision Application
Please check all applicable boxes and complete the required documentation.
If completing by hand, please use black or blue ink.
Date: 01/31/2024
Subdivision Type (please select one)*
Expedited Minor ❑Regulated Minor Concept Plan Major Concept Plan
[ Major Preliminary Plat
Regulated Minor Final Plat ❑Major Final Plat
Contact Information*
Property Owner(s): Lawrence Road Partners, LLC
Mailing Address: 320 Executive Ct. Hillsborough, NC 27278
Phone: 919-732-3883 Email: james.parker@summitde.com
Applicant(if different than property owner): R.S. Jones &Associates, Inc. (Bobby Jones)
Mailing Address: P-O. Box 1700 Mebane, NC 27302
919-563-3623 bobb rs surve ors.com I
Phone: Email: Y@ 7 Y
Property Information*
Parcel ID Number(PIN): 9883194355 Total Acreage: 28.17 Acres
Location (Road Name): Lawrence Road
Existing Structures?loYes 0 No - If yes, please list existiM structures:
3 encroaching accessory building from adjoining properties.
Subdivision Information*
Proposed Number of Lots: 15
If existing road, how many lots are using it? 15
New private road proposed?p YesO No New public road proposed? ✓❑Yes[]No
Water Supply: Q Well❑ Community
Public-p Durham 0 Hillsborough Mebaneo OWASA Q OAWS
Wastewater: [,✓] Septic 0 Community
Public—[] Durham[] Hillsborough[] Mebane[]OWASA❑ OAWS
Page 7 of 2
69
Certification and Signatures*
I certify that, to the best of my knowledge, the information contained above, and in the supporting
documents, is a factual representation of the proposed development.
I acknowledge that by signing this application, the Orange County Planning and Inspections
Department is authorized, pursuant to NCGS 160D-403, to make as many inspections of the subject
property as may be necessary to verify that the proposed work outlined herein is consistent with the
provisions of all applicable State and local laws, ordinances, and regulations.
By signing this application, I acknowledge and agree that inspectors, zoning officers, erosion control
officers, a othersaff of the Orange County Planning & Inspections Department have a right, upon
presents on of propee,credentials, to access the subject property at a reasonable hour for the
purpo pecti or other enforcemen ion.
Owner Si ur n s e !
( Applicant Signature (if different from owner)
01/31/2024
Date Date
Sectip rti Completed by Staff .. _ ..
Zoning: Watershed:
Other overlay districts impacting property:
Stream on lot?Q Yes Q No
Floodplain on lot?0Yes []No '
M
i
Note: If the property to be subdivided is currently under farm use value taxation, please contact the
Orange County Tax Office at 919-245-2100. Subdivision of the property may require payment of
deferred taxes under farm use value taxation.
Page 2 of 2
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15-LOT SEPTIC SUITABILITY
EVALUATION
Lawrence Road Subdivision
Lawrence Rd
Orange County, NC
Prepared For:
Shawn Gaddis
Drees Homes
8521 Six Forks Road, Suite 500
Raleigh, NC 27615
Prepared By:
WSC
WOOD SOIL
CONSULTANTS
620 Lee Fox Lane
Hillsborough, NC 27278
(919) 417-8027
December 11, 202
SOIL SC,
' R G.
i219��
Michael G. Wood, LSS
73
INTRODUCTION & SITE DESCRIPTION
A detailed soil and site evaluation was performed on 15 lots proposed for the Lawrence Road
Subdivision, Lawrence Road, Hillsborough, NC (Orange County PIN: 9883194355). Wood Soil
Consultants, PLLC (WSC) was retained to perform a detailed soil and site evaluations of the 15
lots to determine if there is sufficient Provisionally Suitable soil for Conventional Type or Low-
Profile Chamber systems for at minimum, a 4-bedroom home, ideally a 5-bedroom home. The
study area had been partially evaluated in a November 21, 2021 Reconnaissance Soil & Site
Evaluation performed by WSC. The property was evaluated in accordance with the "Laws and
Rules for Sewage Treatment and Disposal Systems", amended December 6, 2018.
The area is mostly open field with some woods on the eastern fringes of the study area and along
southern boundary.
INVESITGATION METHODOLOGY
The field survey was conducted on December 4 and 6, 2023 by Michael G. Wood, LSS and
Ethan T. Wood. Soil borings were advanced with hand-augers and soil color determined using a
Munsell Soil Color Chart. Observations of the landscape as well as soil properties (depth,
texture, structure, soil wetness, restrictive horizons, etc.) were recorded. Soil borings were
described per the USDA-NRCS,Field Book for Describing and Sampling Soils, Version 3.0. Soil
borings and site features are noted in Figure 1.
FINDINGS
Thirty(30) soil borings, two each on the 15 lots, were advanced, and their locations noted on
Figure 1. The minimum bedroom capacity is provided in Table 1.
Table 1.
Lot# 4-Bedroom 5-Bedroom
1 X
2 X
3 X
4 X
5 X
6 X
7 X
8 X
9 X
10 X
11 X
12 X
13 X
14 X
15 X
Lawrence Road Septic Suitability Report December 11, 2023
74
It may be possible to increase each 4-bedroom lot to a 5-bedroom, but this will require a
drainfield layout. A drainfield layout will also be required on every lot in order to determine the
drainfield specifications; trench width, trench depth, LTAR, drainfield type (Accepted, Low-
Profile Chamber, Panel block, etc.), etc.
In order to perform the drainfield layout, the following items will be required:
• The property lines and corners will be flagged in the field by a surveyor.
• The house box will be clearly staked on each lot.
• Any additional site improvements, such as a pool, should be staked.
CONCLUSIONS
The findings presented herein represent our professional opinion based on our Septic Suitability
Evaluation and knowledge of the current laws and rules governing on-site wastewater systems in
Orange County and North Carolina. There is ample soil to accommodate at minimum a 4- or 5-
bedroom house on each of the 15 lots.
Soils naturally change across a landscape and contain many inclusions. As such, attempts to
quantify them are not always precise and exact. Due to this inherent variability of soils and the
subjectivity when determining limiting factors, there is no guarantee that a regulating authority
will agree with the findings of this report. Any concurrence with the findings of this report will
be made by regulating authority at the time of Improvement Permit issuance.
Lawrence Road Septic Suitability Report December 11, 2023
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DRAFT DOCUMENT
DECLARATION OF COVENANTS,CONDITIONS,
RESTRICTIONS AND EASEMENTS
FOR
WILLIAMS GLEN
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR WILLIAMS GLEN("Declaration")is made and executed this day of ,
2024, by LAWRENCE ROAD PARTNERS, LLC, a North Carolina limited liability company, 320
Executive Drive,Hillsborough,North Carolina 27278("Declarant").
Recitals
Declarant has is the owner of the Property (as hereinafter defined) which is located in Orange
County,North Carolina.
Declarant intends to improve and develop the Property as a residential planned community to be
known as "Williams Glen" by subdividing the Property into Lots (as hereinafter defined) for detached
single family residential buildings and Common Elements (as hereinafter defined)for the common use and
enjoyment of the owners of the Lots and their respective family members,guests,tenants and/or invitees.
In furtherance of its development of the Property as a residential planned community, Declarant
intends to subject the Property to all of the covenants, conditions, restrictions, easements, liens, charges,
assessments and equitable servitudes set forth in this Declaration for the benefit of the Community (as
hereinafter defined),the owners of Lots and their respective family members,guests,tenants and/or invitees,
and the Association(as hereinafter defined).
The recording of the Subdivision Plat(as hereinafter defined)and this Declaration in the office of
the Register of Deeds of Orange County,North Carolina,will create a residential planned community upon
the Property pursuant to the provisions of the Act(as hereinafter defined).
NOW, THEREFORE, subject to the rights of Declarant established and/or reserved herein,
Declarant hereby declares that all of the Property, including each Lot and all Common Elements, shall be
hereafter owned,held,occupied,improved,used,mortgaged,transferred,sold,leased,rented and/or conveyed
subject to and in accordance with all of the covenants, conditions, restrictions, easements, liens, charges,
assessments and equitable servitudes set forth in this Declaration to the extent not inconsistent with the
provisions of the Act and/or other applicable law. The purpose of this Declaration shall be to enhance and
protect the value, use, enjoyment and desirability of the Property. This Declaration and all of the
covenants, conditions, restrictions, easements, liens, charges, assessments and equitable servitudes set forth
herein shall run with the Property,including each Lot and all Common Elements,and shall be binding upon
and inure to the use, benefit and enjoyment of each Person (as hereinafter defined) having any right, title
and/or interest in or to the Property, including Declarant, each owner of a Lot, the Association and their
respective heirs, successors and/or assigns.
ARTICLE I
DEFINITIONS
Section 1.01 Definitions. Each of the following terms shall have the meaning ascribed to it
when and as used in this Declaration:
(a) "Act" shall mean the North Carolina Planned Community Act, Chapter 47F of
the General Statutes of North Carolina, as same may be amended,modified and/or supplemented from time
to time.
(b) "Additional Property" shall mean any tract(s) or parcel(s) of land, exclusive of
the Initial Property,that Declarant shall, at any time during the Period of Declarant Control(as hereinafter
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77
defined), make subject to the provisions of this Declaration for the purpose of creating additional Lots,
Common Elements and/or Streets(as hereinafter defined)as provided in Section 2.02.
(c) "Annual Assessment" shall mean an assessment levied each calendar year by the
Board of Directors (as hereinafter defined) against each Lot to pay the Common Expense Liability (as
hereinafter defined) allocated to each such Lot as provided in this Declaration and in the Bylaws (as
hereinafter defined).
(d) "Architectural Control Committee" shall mean a committee established pursuant
to the provisions of ARTICLE XI for the purposes as set forth in ARTICLE XI.
(e) "Articles of Incorporation" shall mean the Articles of Incorporation of the
Association as same may be amended and/or modified from time to time as provided therein. The initial
Articles of Incorporation shall be substantially in the form attached as EXHIBIT B.
0 "Assessment" shall mean any Annual Assessment or Special Assessment (as
hereinafter defined).
(g) "Association" shall mean Williams Glen Homeowners Association, Inc., a North
Carolina nonprofit corporation,its successors and/or assigns.
(h) "Board of Directors" shall mean the board of directors of the Association.
0 `Building" shall manmean any residential building, detached garage, non-
residential building(e.g.,community center,office and/or recreation building),shed or outbuilding at any time
existing,constructed,erected,installed and/or placed on or upon any Lot or Common Elements.
0) "Bylaws" shall mean the initial bylaws of the Association as same may be
amended and/or modified from time to time as provided therein. The initial Bylaws shall be substantially in
the form attached as EXHIBIT C.
(k) "Charge" shall mean any late payment charge,interest on a delinquent Assessment
or any other cost, charge or expense, including reasonable attorneys' fees, incurred by the Association or its
management agent or other representative to collect any delinquent Assessment and/or foreclose any
Assessment lien,as provided in this Declaration.
(1) "Common Elements"shall mean(i)each Street until it is accepted for maintenance
by the North Carolina Department of Transportation or any municipality having jurisdiction, and (ii) each
tract or parcel of land at any time subdivided from the Property for the purpose of being conveyed to the
Association for the common use and enjoyment of the Members as provided in this Declaration and as shown
on the Subdivision Plat, regardless of whether any such tract or parcel of land is designated as "common
area","open space"or otherwise on the Subdivision Plat,and shall include each Building and/or Improvement
(as hereinafter defined) located thereon. The term "Common Elements" shall not include any Lot or any
Street that has been accepted for maintenance by the North Carolina Department of Transportation or any
municipality having jurisdiction.
(m) "Common Expense Liability"shall mean the liability for Common Expenses(as
hereinafter defined)allocated to each Lot as provided in this Declaration and in the Bylaws.
(n) "Common Expenses" shall mean the actual costs and expenses incurred by the
Association each calendar year to operate the Association and to operate, maintain, repair, and replace the
Common Elements, including each Building and/or Improvement located thereon, as provided in this
Declaration. Common Expenses shall include,without limitation,the annual costs and expenses for service
contracts, lighting, removal of debris from ponds, steams and rivers, snow removal, utility services, taxes
and other governmental charges levied against any Common Elements, casualty insurance, liability
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78
insurance, administration (including compensation of a management agent, if any) and allocations for
reserves.
(o) "Community" shall mean "Williams Glen", a residential planned community
developed or to be developed upon the Property in accordance with the Subdivision Plat and the provisions of
this Declaration. The Community shall include each Lot,the Common Elements, each Street, each Building,
each Improvement (as hereinafter defined) and each easement established, conveyed and/or reserved in this
Declaration.
(p) "Completion of Sales" shall mean the earlier of(i) the record conveyance of all
Lots in the Community to purchasers other than a builder,Declarant or a successor to Declarant hereunder,or
(ii)Declarant's execution and recording of a Notice of Termination of Sales in the office of the Register of
Deeds of Orange County,North Carolina.
(q) "Declarant" shall mean Lawrence Road Partners, LLC, a North Carolina limited
liability company,its successors and/or assigns.
(r) "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions
and Easements for Williams Glen as amended, modified and/or supplemented by any Supplemental
Declaration(as hereinafter defined).
(s) "Entry Feature" shall mean any permanent identification sign or monument
installed and/or erected on any Common Elements at or near an entrance to the Community.
(t) "Guidelines" shall mean such architectural and site design guidelines, standards
and/or specifications pertaining to the design, construction, alteration and/or location of any Building or
Improvement upon any Lot or Common Elements as may be established, amended, modified, supplemented
and/or repealed from time to time by Declarant or the Architectural Control Committee as provided in
ARTICLE XI.
(u) "Improvement"shall mean any improvement,exclusive of any Building or Street,
at any time existing, constructed, erected, installed and/or placed on or upon any Lot or Common Elements,
including,without limitation, any Entry Feature, driveway,parking area, fence,patio, swimming pool and/or
other non-impervious surface area.
(v) "Initial Property"shall mean all of that certain tract or parcel of land identified and
described on the attached EXHIBIT A.
(w) "Lot" shall mean any tract or parcel of land at any time subdivided from the
Property for separate ownership and residential use as provided in this Declaration and as shown on the
Subdivision Plat. Each Lot shall be assigned a unique identifying number on the Subdivision Plat. The term
"Lot"shall not include any Common Elements or other part of the Property that has not been subdivided for
separate ownership and residential use.
(x) "Member"shall mean any Person who is a member of the Association.
(y) "Owner" shall mean any Person, whether one or more, who holds record title to
any Lot. The term "Owner" shall not include any Person who shall have or acquire (i) an interest in a Lot
merely as security for the performance of an obligation or(ii)a leasehold interest only in any Lot. The term
"Owner"shall include Declarant for so long as Declarant shall own,hold or retain record title to the Property,
or any part thereof,including any Lot.
(z) "Period of Declarant Control" shall mean a period of time commencing on the
date this Declaration is recorded in the office of the Register of Deeds of Orange County,North Carolina,
and continuing thereafter until the earlier of(i) the date of Completion of Sales or (ii) the date on which
Declarant executes and records a Termination of Reserved Declarant Rights in the office of the Register of
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Deeds of Orange County, North Carolina for the purpose of terminating any all rights reserved by
Declarant herein(exclusive of any rights that Declarant may have solely in its capacity as an Owner).
(aa) "Person"or"person"shall mean any natural person,corporation,business or other
trust, partnership, limited liability company, joint venture, association, government, governmental
subdivisio subdivision,or agency,or other legal or commercial entity.
(bb) "Property" shall mean all of the Initial Property and such Additional Property, if
any, as shall be made subject to the provisions of this Declaration from time to time as provided in Section
2.02.
(cc) "Rules and Regulations" shall mean such rules and/or regulations governing
access to and/or the use of any Lot, Common Elements and/or Street as may be adopted from time to time by
Declarant during the Period of Declarant Control or, thereafter, by the Board of Directors, to the extent not
inconsistent with the provisions of this Declaration.
(dd) "Special Assessment" shall mean an assessment levied by the Board of Directors
against any Lot or Lots as provided in Section 8.04 to fund, or to reimburse the Association for, without
limitation, (i) the costs of any capital improvement to any Common Elements, and/or (ii) any extraordinary
cost or expense incurred by the Association.
(ee) "Street" shall mean any part of the Property identified and described as a street,
road or cul-de-sac on the Subdivision Plat.
(ff) "Subdivision Plat" shall mean that certain plat of survey recorded by Declarant in
the office of the Register of Deeds of Orange County,North Carolina in Plat Book , Pages , as
amended,modified and/or supplemented by any Supplemental Plat(as hereinafter defined).
(gg) "Supplemental Declaration" shall mean any document executed by Declarant
during the Period of Declarant Control or, thereafter, by the Association and recorded in the office of the
Register of Deeds of Orange County,North Carolina for the purpose(s) of,without limitation, (i) amending,
modifying and/or supplementing any provision contained in this Declaration,and/or(ii)subjecting Additional
Property,including any Lot(s), Common Elements and/or Street(s) subdivided therefrom,to the provisions of
this Declaration as provided in Section 2.02.
(hh) "Supplemental Plat" shall mean any plat of survey prepared by Declarant during
the Period of Declarant Control or,thereafter,by the Association and each affected Owner,if any,in the office
of the Register of Deeds of Orange County, North Carolina for the purpose(s) of, without limitation, (i)
subdividing, re-configuring, combining, re-combining, consolidating, removing and/or renumbering any
Lot(s), Common Elements and/or Street(s), or any combination thereof, and/or (ii) adding Additional
Property, including any Lot(s), Common Elements and/or Street(s) subdivided therefrom, to the Community
as provided in Section 2.02.
Section 1.02 Rules of Construction.
(a) Gender. When and as used in this Declaration,words of the masculine gender shall
be deemed and construed to include co-relative words of the feminine and neuter genders and words of the
neuter gender shall be construed to include co-relative words of masculine and feminine genders.
(b) Captions. The captions or headings in this Declaration are for convenience only
and in no way define,limit or describe the scope or intent of any provision of this Declaration.
(c) Reference. All references in this Declaration to particular Articles, Sections or
paragraphs are references to Articles, Sections or paragraphs of this Declaration unless some other reference is
established.
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ARTICLE H
THE PROPERTY
Section 2.01 Initial Property. The Property shall consist of the Initial Property as identified
and described on the attached EXHIBIT A.
Section 2.02 Additional Property. In addition to the Initial Property,the Property shall also consist
of such Additional Property,if any,as Declarant,in its sole discretion,shall at any time during the Period of Declarant
Control make subject to the provisions of this Declaration for the purpose of creating additional Lots, Common
Elements and/or Streets. Declarant hereby reserves the right at any time or times during the Period of Declarant
Control, in its sole discretion and without the consent of the Members or the Association, to subject Additional
Property to this Declaration by recording a Supplemental Plat and a Supplemental Declaration in the office of the
Register of Deeds of Orange County, North Carolina. Unless otherwise expressly stated therein, each such
Supplemental Plat and Supplemental Declaration shall be effective as of the date and time it is recorded in the office of
the Register of Deeds of Orange County,North Carolina.
All Lots, Common Elements and/or Streets created pursuant to the provisions of this Section shall
be thereafter owned, held, leased,transferred, sold,mortgaged and/or conveyed by Declarant, each Owner
and/or the Association, as applicable, subject to all of the covenants, conditions, restrictions, easements,
liens, charges, assessments and equitable servitudes set forth in this Declaration. Each Owner of a Lot
created pursuant to the provisions of this Section shall be a member of the Association and shall be subject
to all of the covenants, conditions, restrictions, easements, liens, charges, assessments and equitable
servitudes set forth in this Declaration.
ARTICLE III
EASEMENTS
Section 3.01 Temporary Access Easement. Subject to the covenants, conditions,restrictions,
limitations and other easements set forth in this Section and elsewhere in this Declaration, Declarant hereby
establishes,reserves and conveys, as applicable, for the benefit of(a) Declarant and its members,managers,
employees, contractors and agents during the Period of Declarant Control, (b) each Owner and each such
Owner's family members,tenants,guests,contractors and invitees,and(c)the Association and its employees,
contractors and agents, a non-exclusive temporary access easement over,upon and across each Street for the
purposes of providing (i) vehicular and pedestrian ingress, egress and regress to and from Lawrence Road
(S.R. 1561)and each Lot and Common Elements,and to,from and between each Lot and Common Elements;
and(ii)access to and upon each Street for maintenance,repair and upkeep. The easement herein established
and conveyed shall terminate,with respect to each Street,upon the acceptance of such Street for maintenance
by the North Carolina Department of Transportation or a municipality having jurisdiction.
Section 3.02 General Utility Easement. Subject to the covenants, conditions, restrictions,
limitations and other easements set forth in this Section and elsewhere in this Declaration, Declarant hereby
establishes,reserves and conveys, as applicable, for the benefit of(a) Declarant and its members, managers,
employees, contractors and agents during the Period of Declarant Control, (b) the Association and its
employees, contractors and agents, and (c) any public or private utility and its employees, contractors and
agents, a non-exclusive easement over, upon, across and under each Lot and the Common Elements to the
extent reasonably necessary for the purposes of constructing, installing, maintaining, repairing and/or
replacing any storm water drainage line,natural gas line,cable communication transmission,telephone and/or
electric power cable and/or equipment, and/or any other public or private utility pipe, line, cable, equipment
and/or facility servicing any Lot,Common Elements and/or other part of the Property.
Section 3.03 Emergency Services Access Easement. Subject to the covenants, conditions,
restrictions, limitations and other easements set forth in this Section and elsewhere in this Declaration,
Declarant hereby establishes and conveys, as applicable, for the benefit of any private, county, municipal,
state or federal emergency services agency and/or personnel, including, without limitation, any law
enforcement, fire, ambulance, medical and/or rescue service and/or personnel, a non-exclusive access
easement over, upon and across the Common Elements for the purpose of providing such vehicular and/or
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pedestrian ingress, egress and regress to and from Lawrence Road (S.R. 1561) and each Lot and Common
Elements as shall be reasonably necessary for any such emergency services agency and/or personnel to
respond to,perform its designated function at,and/or depart from,any apparent or actual emergency upon any
Lot,Common Elements and/or other part of the Property.
Section 3.04 Temporary Non-Emer2encv Services Access Easement. Subject to the
covenants, conditions, restrictions, limitations and other easements set forth in this Section and elsewhere in
this Declaration, Declarant hereby establishes and conveys, as applicable, for the benefit of any non-
emergency county,municipal,state or federal service provider,or any non-emergency private service provider
contracted by the Association or by any Owner, including, without limitation, the United States Postal
Service, any overnight courier service (e.g. FedEx, UPS) or any trash removal service, a temporary non-
exclusive access easement over, upon and across each Street for the purpose of providing such vehicular
and/or pedestrian ingress, egress and regress to and from Lawrence Road (S.R. 1561) and each Lot and
Common Elements as shall be reasonably necessary for any such service provider to perform its designated
and lawful service(s)for the benefit of(a)Declarant and its members,managers, employees, contractors and
agents during the Period of Declarant Control, (b)the Owners and their respective family members,tenants,
guests and invitees, and (c) the Association and its employees, contractors and agents. The easement
hereinabove established and conveyed shall terminate, with respect to each Street, upon the acceptance of
such Street for maintenance by the North Carolina Department of Transportation or a municipality having
jurisdiction.
Section 3.05 Easement of Enjoyment. Subject to the covenants, conditions, restrictions,
limitations and other easements set forth in this Section and elsewhere in this Declaration, Declarant hereby
establishes, reserves and conveys, as applicable, for the benefit of each Owner and each Owner's family
members, tenants, guests and invitees, a perpetual non-exclusive right and easement to use and enjoy the
Common Elements for any lawful purpose not inconsistent with the provisions of this Declaration, the
Guidelines and/or the Rules and Regulations, which right and easement shall be appurtenant to and run with
title to each Lot.
TO HAVE AND TO HOLD each of the easements,rights and licenses established,reserved and/or
conveyed pursuant to this Article unto the Person(s) benefited thereby according to its terms.
Notwithstanding any provision contained in this Article to the contrary, each of the easements established,
reserved and/or conveyed to or by the Owners,the Association and/or Declarant pursuant to this Article shall
benefit and/or burden each Lot, the Common Elements and/or any other part of the Property, as applicable;
shall be appurtenant to and run with the title to each Lot,the Common Elements and/or any other part of the
Property, as applicable; shall inure to the benefit of each Owner and each Owner's family members,tenants,
guests and invitees,the Association and its employees,contractors and agents and Declarant and its members,
managers, employees, contractors and agents during the Declarant Control Period, as applicable; and shall be
subject to any and all covenants, conditions, restrictions and limitations set forth in this Declaration, the
Guidelines and/or the Rules and Regulations,as applicable.
ARTICLE IV
COMMON ELEMENTS
Section 4.01 Ownership. The Common Elements and each Building,Entry Feature and other
Improvement located thereon,if any,shall be owned,operated,maintained and insured by the Association for
the use, benefit and enjoyment of the Owners and their respective family members, tenants, guests and
invitees in accordance with the provisions of this Declaration, the Bylaws,the Guidelines and the Rules and
Regulations, as applicable, and shall be subject to the easements established in ARTICLE III. Declarant
shall record a non-warranty deed in the office of the Register of Deeds of Orange County, North Carolina,
conveying the Common Elements to the Association.
Section 4.02 Use. Each Owner and each Owner's family members,tenants,guestsguests,and
invitees shall be permitted to access and use the Common Elements only to the extent expressly permitted
in this Declaration, the Bylaws and/or the Rules and Regulations, as applicable. The right of each Owner
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82
and each Owner's family members, tenants, guests and invitees to access and use the Common Elements
shall also be subject to each of the following:
(a) The right of Declarant during the Period of Declarant Control and,thereafter,the
Board of Directors, to promulgate and enforce reasonable Rules and Regulations governing the use of the
Common Elements to ensure the availability of the Common Elements to all Owners and their respective
family members, tenants, guests and invitees and the safety of all Owners and their respective family
members,tenants,guests and invitees using the Common Elements.
(b) The right Declarant during the Period of Declarant Control and, thereafter, the
Board of Directors, to suspend (i) the right of any Owner and such Owner's family members, tenants,
guests and invitees to use the Common Elements(exclusive of any Street)for any period during which such
Owner has failed to pay any Assessment, and (ii) the right of any Owner and such Owner's family
members, tenants, guests and invitees to use the Common Elements (exclusive of any Street) for a period
not to exceed sixty (60) days as a consequence of such Owner's infraction of any other provision of this
Declaration or the Rules and Regulations.
(c) The right of Declarant during the Period of Declarant Control and, thereafter,the
Board of Directors, to suspend the right of any Owner or such Owner's family members,tenants, guests and
invitees to use the Common Elements (exclusive of any Street) in the event such Owner or any of such
Owner's family members,tenants, guests and/or invitees shall have used any Common Elements in violation
of the provisions of this Declaration or the Rules and Regulations or in any manner which Declarant during
the Period of Declarant Control or,thereafter,the Board of Directors, shall,in its sole discretion,determine to
be negligent or unsafe or to constitute an unreasonable nuisance.
(d) The right of Declarant during the Period of Declarant Control and,thereafter,the
Association,to dedicate or transfer all or any part of the Common Elements to any public agency,authority
or utility for such purposes and subject to such conditions as may be agreed to by the Members;provided,
however, that subsequent to the Period of Declarant Control, no such dedication or transfer shall be
effective unless approved by the affirmative vote or written agreement of Members eligible to cast not less
than sixty-seven percent(67%)of all votes in the Association. This paragraph shall not,however,preclude
the Association, subsequent to the Period of Declarant Control, by action of the Board of Directors, from
granting such easements for the installation and maintenance of electrical, telephone, cablevision, water
and sewerage utilities and drainage facilities on,over,under and across any Common Elements,without the
assent of the Members,as the Board of Directors,in its sole discretion,shall deem necessary.
(e) The right of Declarant during the Period of Declarant Control and,thereafter,the
Association,to grant utility,drainage and/or other easements over the Common Elements.
(f) The right of Declarant during the Period of Declarant Control and,thereafter,the
Board of Directors, to limit the use of the Common Elements to the Owners and their respective family
members,tenants,guests and invitees.
(g) The right of Declarant during the Period of Declarant Control to reconfigure,
expand,add,reduce or eliminate any Common Elements.
Section 4.03 Maintenance of Common Elements. The Association shall at all times keep and
maintain the Common Elements,including any Building,Entry Feature and/or other Improvement thereon,in
a neat, clean, attractive and operable condition so as to (a) render and maintain the Common Elements and
each Building and Improvement thereon, if any, in an accessible and safe condition consistent with the
intended use(s) and purpose(s) thereof as set forth in this Declaration; and (b) enhance and maintain the
attractiveness, desirability and value of the Community. Such maintenance shall include,without limitation,
the repair, maintenance and upkeep of the Common Elements, including any Building, Entry Feature and/or
other Improvement thereon; snow, debris and trash removal; mowing and trimming of grassed areas; the
removal of deadfall, debris and obstructions from rivers, streams and ponds located on any Common
Elements; the maintenance of water quality in any pond located on any Common Elements, including
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83
maintenance of individual stormwater devices located on certain Lots;and the control of silt and erosion from
or on any Common Elements.
ARTICLE V
RESTRICTIVE COVENANTS
Section 5.01 Rules and Regulations. Declarant during the Period of Declarant Control and,
thereafter, the Board of Directors, shall have the power to formulate, amend, publish and enforce
reasonable rules and regulations concerning the use, enjoyment and/or occupancy of the Lots and Common
Elements to the extent not inconsistent with the provisions of this Declaration, the Act and/or any
applicable land use ordinance,regulation,statute,law or condition of approval of the Subdivision Plat.
Section 5.02 Lots, Common Elements and Streets. Except to the limited extent otherwise
expressly provided in this Declaration,all of the Lots, Common Elements and Streets shall be subject to the
following use restrictions:
(a) Subdivision of Lots. No Lot shall be subdivided.
(b) Residential Use of Lots. Each Lot shall be used for single-family residential
purposes only. Notwithstanding the foregoing, neither Declarant nor the Association shall interfere with
any Owner's freedom to determine the composition of his or her household; provided, however, that
Declarant during the Period of Declarant Control and, thereafter, the Association, may enforce reasonable
occupancy limits. No Lot shall contain more than one (1) primary detached residential building with an
attached garage. Each Lot may contain additional Building(s) and/or Improvements to the extent not
inconsistent with the provisions of this Declaration and the Guidelines. No residential building shall be
located on any Common Elements.
(c) Trailers, Mobile Homes and Modular Homes. No trailer, mobile home or
modular home shall be placed,constructed or installed on any Lot.
(d) Temporary Residences. No tent, garage, barn, outbuilding or Building other
than a residential building constructed on a Lot in accordance with the provisions of this Declaration shall
be occupied as a temporary or permanent residence by any Person.
(e) Swimming Pools. No above-ground swimming pool is permitted on any Lot.
An in-ground swimming pool on any Lot is permitted only if approved, in advance, by Declarant during
the Period of Declarant Control or, thereafter, by the Architectural Control Committee. Any in-ground
swimming pool, if approved as provided above, must be located in the rear yard behind the residential
building on the Lot and must be adequately screened from view from each other Lot, the Common
Elements and each Street.
M Mailboxes. All mailboxes shall be located in a central kiosk.
(g) Lot Maintenance. Each Owner shall keep his or her Lot in a neat and orderly
appearance and the grass trimmed to a height not to exceed four(4) inches, free of excessive weeds, dead
bushes and trees, and trash, including, to the extent not prohibited by applicable ordinance, statute or law,
any unpaved portion of a dedicated or undedicated road or Street right of way located on and/or adjoining
such Lot. All Lots shall be maintained so as to present a clean and pleasing appearance. In the event an
Owner does not properly maintain his or her Lot as required by this subsection,Declarant during the Period
of Declarant Control and, thereafter, the Architectural Control Committee or the Board of Directors, shall
have the right to employ such contractor(s) as may be necessary to perform whatever work is required to
make the Lot compliant with the provisions of this subsection, and any and all costs thereof shall be
assessed to the Lot and the Owner(s)thereof as a Special Assessment.
(h) Nuisance. No act shall be done and no activity shall be carried on upon any Lot
that may be or become an annoyance or nuisance to any Person in the Community.
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(i) Pets and Animals. No animal of any kind shall be housed, bred, raised or
otherwise kept by any Person on any Lot unless expressly permitted herein. Dogs, cats and other
domesticated household pets may be kept on each Lot for the sole pleasure and use of the occupants of such
Lot, but not for any commercial use or purpose. Outside housing for dogs and other pets shall be
constructed in such a way that barking dogs or other loud animals shall not be heard by other Persons
within or outside the Community at night. No commercial kennels or boarding shall be permitted on any
Lot. No chickens or other farm animals shall be permitted on any Lot.
In addition to the foregoing, each and every pet at any time housed, bred, raised or
otherwise kept on any Lot shall, at all times, be (i) properly housed or contained in compliance with the
provisions of this Declaration,the Guidelines, the Rules and Regulations and any applicable local, state or
federal code, ordinance, regulation, statute or law; (ii) adequately supervised, contained and controlled by
the Owner of such Lot so as not to chase or molest wildlife or create a nuisance (including any nuisance
resulting from noise or odor),menace or danger to any Person within or outside the Community; and (iii)
properly cared for in good health and condition with all required vaccinations. The health, welfare and
condition of each pet housed,bred,raised or otherwise kept on any Lot is the responsibility of the Owner of
such Lot. No pet housed, bred, raised or otherwise kept on any Lot shall be allowed to run free on any
other Lot or on any Common Elements or Streets.
Declarant during the Period of Declarant Control and, thereafter, the Board of Directors
shall have the power and authority to require any Owner to remove any pet or other animal from such
Owner's Lot in the event such Owner shall fail to comply with the provisions of this subsection.
0) Hobbies. Any hobby regularly conducted on any Lot shall not be or become a
nuisance to any Person in the Community. A separate Building for a hobby may be located on a Lot only if
approved by Declarant during the Period of Declarant Control or, thereafter, by the Architectural Control
Committee. If a detached Building on a Lot is to be used primarily for a hobby activity,the Owner of such
Lot must deliver written notice of the intended use to Declarant during the Period of Declarant Control or,
thereafter, to the Architectural Control Committee, prior to commencing the intended hobby activity and
may not commence the hobby activity until such activity is approved by Declarant or the Architectural
Control Committee,as applicable.
(k) Yard Sales. No private yard sale is permitted on any Lot. Not more than two
(2) Community-wide yard sales shall be permitted each calendar year. Each such yard sale shall not last
longer than six(6)hours.
(1) Garbage, Containers and Removal. No Lot shall be used or maintained as a
dumping ground for garbage,trash or debris. No garbage incinerator shall be placed or operated upon any
Lot. All trash,garbage and waste on any Lot shall be kept in a sanitary container or receptacle which shall
be shielded from view from all other Lots, Common Elements and Streets in conformity with the
requirements of Declarant during the Period of Declarant Control and,thereafter,the Architectural Control
Committee. Each Owner shall use the trash removal service contracted for by the Association or otherwise
provided by any county or municipal governmental authority. Until such time, if at all, as the Association
or any county or municipal governmental authority shall provide trash removal service for the Community,
each Owner shall be responsible for the timely removal of all trash,garbage and debris from his or her Lot.
(m) Motor Vehicles. No motor vehicle of any kind shall be placed, parked or
permitted to remain on any Common Elements or Street, except that short term visitor parking for a
personal motor vehicle not to exceed six(6)hours in duration shall be permitted. No commercial vehicle in
excess of one(1)ton capacity or bus, including,but not limited to, any school bus, shall be placed,parked,
stored or permitted to remain on any Lot. No boat, trailer, camper, recreational vehicle or similar vehicle
shall be placed,parked,stored or permitted to remain on any Lot unless it is kept in an enclosed structure or
adequately screened in a manner approved by Declarant during the Period of Declarant Control or,
thereafter, by the Architectural Control Committee, so as to conceal same from view from all other Lots,
Common Elements and Streets. No motor vehicle of any kind shall be placed,parked, stored or permitted
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to remain on any Lot unless it has a valid and current license plate and registration or it is stored in a
manner approved, in writing, by Declarant during the Period of Declarant Control or, thereafter, by the
Architectural Control Committee.
No unlicensed motor vehicle of any kind shall be operated on any Common Elements or Street.
Unless otherwise specified by the North Carolina Department of Transportation or any municipal
government having jurisdiction,the speed limit for all automobiles and other motorized vehicles using any
Street shall not exceed twenty-five(25)miles per hour. The use and operation of all automobiles and other
motorized vehicles within the Community shall be in compliance with all local, state and federal
ordinances,regulations,codes,statutes and laws.
(n) Streets. Each Street shall, until it is accepted for maintenance by the North
Carolina Department of Transportation or any municipality having jurisdiction,be used only for the specific
purposes set forth in ARTICLE III or elsewhere in this Declaration. Each Owner shall have the duty and
responsibility to use each Street in a safe and reasonable manner so as not to create a nuisance or danger to
any Person. Until each Street is accepted for maintenance by the North Carolina Department of
Transportation or any municipality having jurisdiction,each Owner shall be liable to the Association for any
damage to any such Street(including surfaces,entranceways,security facilities,curbing,culverts,bridges and
water runoff systems) caused by any extraordinary (e.g. construction or other over-sized vehicles) or
negligent use of such Street by such Owner or by such Owner's family member,tenant,guest,contractor or
invitee. Each Owner shall observe all speed limit and other restrictions or limitations on the use of each
Street as may set forth this Declaration and/or the Rules and Regulations,and/or as established by the North
Carolina Department of Transportation or any municipality having jurisdiction.
(o) Construction Damage and Debris. During the construction of any Building
and/or Improvement on any Lot, any damage to any Street or to any Improvement located on any other Lot
or Common Elements caused by such construction must be promptly remediated by the party responsible
for such damage at such party's sole cost and expense. Any dirt,mud, gravel and/or other debris deposited
onto any Street resulting from the construction of any Building and/or Improvement on any Lot or
Common Elements must be cleaned up within forty-eight (48) hours. During the construction of any
Building and/or Improvement on any Lot, (i)there shall be a gravel entrance from the Street onto such Lot
of not less than forty (40) feet in length for the purpose of reducing the amount of dirt, mud and/or other
debris that is tracked onto the Street from such Lot,and(ii)the Owner of such Lot shall be responsible for
keeping all construction vehicles off any Street,including the shoulder of any Street.
(p) Utilities. All water, electric power, telephone, natural gas, sewage, storm water
drainage and other utility pipes, lines and cables upon any Lot or Common Elements shall be installed
underground. No utility pipe, line or cable upon any Lot or Common Elements shall be installed above
ground, whether on poles, towers or otherwise, except for temporary service during construction, unless
expressly approved, in writing, by Declarant during the Period of Declarant Control or, thereafter, by the
Architectural Control Committee.
(q) Dedication of Public/Private Access. At no time subsequent to the expiration or
any earlier termination of the Period of Declarant Control shall any Lot or part of any Lot be dedicated or
used as a public street or for any public or private access to any other Lot or any Common Elements
without the prior written approval of Declarant during the Period of Declarant Control or, thereafter, the
Association and any affected Owner.
(r) Buildings and Improvements in Easement Areas. No permanent Building or
Improvement shall be permitted within any public or private utility easement if such Building and/or
Improvement may (i) damage or in any manner interfere with the installation, maintenance, repair and/or
replacement of utilities,equipment and/or facilities within such easement,or(ii)or which may compromise
or change the direction and/or rate of flow of drainage channels within such easement. Appropriate ground
cover vegetation within the portion of any such easement located on any Lot shall be maintained by the
Owner of such Lot at his or her sole cost and expense.
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ARTICLE VI
SETBACK AND CONSTRUCTION REQUIREMENTS
Section 6.01 Guidelines. No Building (including any residential building) or Improvement
shall be constructed, erected, placed, altered or permitted to remain on any Lot or Common Elements
unless the plans and specifications for such Building and/or Improvement and the location of such Building
and/or Improvement shall have been approved, in writing, by Declarant during the Period of Declarant
Control or, thereafter, by the Architectural Control Committee. Each Building and Improvement
constructed, erected, placed, altered, existing or otherwise permitted to remain on any Lot or Common
Elements shall comply with the provisions of this Declaration, the Subdivision Plat, the Guidelines and all
applicable local, state and federal ordinances, regulations, codes, statutes and laws. The Guidelines are
hereby incorporated into and made a part of this Declaration by this reference; provided, however, that in
the event any provision contained in the Guidelines shall conflict or be inconsistent with any provision
contained in this Declaration, the provision contained in this Declaration shall be paramount and
controlling and the Guidelines shall be construed and enforced consistent therewith.
Each Owner shall submit two(2) sets of plans and specifications to Declarant during the Period of
Declarant Control or, thereafter, to the Architectural Control Committee, for review and approval before
initiating the construction of any Building or Improvement on such Owner's Lot. Not later than thirty(30)
days after its receipt of such plans and specifications,Declarant or the Architectural Control Committee,as
applicable, shall notify such Owner, in writing,whether Declarant or the Architectural Control Committee
has approved such plans and specifications, disapproved of such plans and specifications or approved such
plans and specifications with conditions. In the event Declarant or the Architectural Control Committee,as
applicable, does not respond, in writing, within such thirty (30) day period, the plans and specifications
shall be deemed to have been approved. Approval by Declarant or the Architectural Control Committee
shall not constitute approval by any local,state or federal governmental authority or agency.
Section 6.02 Building Setbacks. No Building or Improvement shall be constructed, altered,
placed or permitted to remain on any Lot outside the designated building setback lines shown on the
Subdivision Plat unless approved, in writing, by Declarant during the Period of Declarant Control or,
thereafter,by the Architectural Control Committee. No Building or Improvement shall be located closer to
any front, side or rear boundary line of any Lot than the minimum setback distance required by the
applicable zoning or land use ordinance. If two (2) or more adjoining or contiguous Lots are recombined
into a single Lot, or if any recombined Lot is subsequently subdivided into two (2) or more Lots, the
location of any and all Buildings and Improvements on any such Lot shall be subject to the prior written
approval of Declarant during the Period of Declarant Control or, thereafter, the Architectural Control
Committee.
Section 6.03 Vegetative Conditions. No construction, alteration, earth disturbance or
improvement upon, to or on any Lot or Common Elements or any change in its arboreal or vegetative
condition shall be made or begun without the prior written approval of Declarant during the Period of
Declarant Control or,thereafter,the Architectural Control Committee.
Section 6.04 Height Restrictions. No Building (including any residential building) shall
exceed three (3) stories in height above the natural grade line of the Lot or Common Elements upon which
it is constructed,or any lesser height that may be mandated by applicable ordinances and/or regulations.
Section 6.05 Minimum Square Footage. The heated ground floor area of the main structure
(exclusive of basements, porches, garages and storage areas) of the residential building (exclusive of any
guest house) located on any Lot shall be not less than one the one thousand four hundred (1,400) square
feet.
Section 6.06 Driveways. Each Lot shall have a single width driveway with a parking pad
area of sufficient width and/or depth to allow not less than two(2)automobiles to be simultaneously parked
on such pad. Each driveway shall connect to the Street adjoining the Lot on which such driveway is
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located only at the designated connection point as shown on the Subdivision Plat. All driveways shall be
paved from the edge of the travel way of the Street to any and all Buildings on the Lot and shall otherwise
be constructed in compliance with all applicable Guidelines unless otherwise approved, in writing, by the
Declarant during the Period of Declarant Control or,thereafter,by the Architectural Control Committee.
ARTICLE VII
THE ASSOCIATION
Section 7.01 Membership. Each Owner shall automatically be a Member of the Association
at all times during the period of such Owner's ownership of a Lot. Membership in the Association shall be
appurtenant to,and may not be separated from,ownership of a Lot.
Section 7.02 Voting and Voting Rights. The Association shall have the following two (2)
classes of voting membership:
Class A. The Class A Members shall consist of all of the Owners with the exception of
Declarant; provided, however, that Declarant shall become a Class A Member when its Class B
Membership terminates as provided below. Each Class A Member shall be entitled to one(1)vote for each
Lot owned by him or her. Notwithstanding the foregoing, when a Lot is owned by more than one (1)
Person, all such Persons shall be Members and the vote for such Lot shall be exercised as they determine;
provided, however, that in no event shall more than one (1) vote be cast with respect to any Lot. Unless,
prior to a vote by the Members on any matter, the Association receives written notification from a co-
Owner of a Lot that a dispute exists between the co-Owners of such Lot regarding their vote, the vote of
any co-Owner of such Lot shall be conclusively presumed to be the vote of the Owners of such Lot.
Class B. The Class B Member shall be Declarant. The Class B Member shall be entitled
to five (5) votes for each Lot owned by it. The Class B membership shall terminate and the Class B
Member shall become a Class A Member on(a)the date of Completion of Sales or(b)the date which is ten
(10) calendar years after the date on which this Declaration is recorded in the office of the Register of
Deeds of Alamance County,North Carolina,whichever shall first occur.
Section 7.03 Suspension of Rights. During any period in which a Member shall be in
default in the payment of any Assessment, the voting rights of such Member and/or the right(s), license(s)
and/or privilege(s)of such Member and such Member's family members,tenants,guests and invitees to use
the Common Elements (exclusive of any Street) may be suspended by the Board of Directors until such
Assessment is paid in full. In the event any Member shall violate any provision of this Declaration or any
Rules and Regulations, such Member's voting rights and/or the right(s), license(s) and/or privilege(s) of
such Member and such Member's family members, tenants, guests and invitees to use the Common
Elements (exclusive of any Street) may, after a hearing as provided below, be suspended by the Board of
Directors for a period not to exceed sixty(60) days. Such hearing shall be held by the Board of Directors
or a committee thereof after giving such Member not less than ten (10) days prior written notice, which
notice shall specify each alleged violation and set the time,place and date of the hearing. Determination of
the violation shall be made by a majority vote of the Board of Directors or a committee thereof.
Section 7.04 Management Agreements. The Association is authorized and empowered to
engage the services of any Person to act as managing agent of the Association and to perform all of the
powers and duties of the Association. The management agent's compensation shall be determined by the
Board of Directors. The duties,responsibilities, obligations and compensation of the managing agent shall
be set forth in a written management agreement,the term of which shall not exceed one(1)year and which
term may be renewed only by written agreement of the parties for successive one (1) year terms. Any
management agreement shall be terminable by the Association,with or without cause,upon thirty(30)days
prior written notice to the managing agent without payment of any termination fee or penalty.
Section 7.05 Insurance. The Association shall obtain and maintain, to the extent available,
public liability insurance in such limits as the Board of Directors may, from time to time, determine to be
customary and reasonable for developments similar in construction, location and use to the Community,
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insuring each of Declarant(until the date of Completion of Sales or the date of termination of the Period of
Declarant Control, whichever shall first occur), the Association, each member of the Board of Directors,
the managing agent, if any, and each Owner with respect to its liability arising out of the ownership,
maintenance or repair of the Common Elements; provided,however, that in no event shall the amounts of
such public liability insurance be less than One Million Dollars($1,000,000.00)per occurrence for 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 Common Elements or any part
thereof. Such insurance shall include endorsements covering cross liability claims of one insured against
another, including the liability of the Owners as a single group to a single Owner. The Board of Directors
shall review such limits annually. Until the first meeting of the Board of Directors following the initial
meeting of the Owners, such public liability insurance shall be in an amount of not less than One Million
Dollars($1,000,000.00)per occurrence for claims for bodily injury and property damage.
ARTICLE VIII
ASSESSMENTS
Section 8.01 Creation of Lien and Personal Oblivation for Assessments. Declarant and
each Owner,by such Owner's acceptance of a deed conveying a Lot to such Owner,whether or not it shall
be so expressed in such deed, covenant and agree to pay to the Association,when and as due, any and all
Annual Assessments, Special Assessments and Charges, including, without limitation, late payment
charges, interest on delinquent Assessments, and collection and foreclosure costs and expenses, including
reasonable attorneys' fees, as hereafter provided. Each Assessment, together with any Charge incurred or
assessed with respect thereto, shall be a charge on, and shall be a continuing lien upon, each Lot against
which each such Assessment is levied. Each Assessment, together with any Charge incurred or assessed
with respect thereto, shall also be the personal obligation of each Owner of each Lot against which such
Assessment is levied at the time such Assessment is due. An Owner's personal obligation for payment of
any delinquent Assessment, together with any Charge incurred or assessed with respect thereto, shall not
pass to such Owner's successor(s)in title unless expressly assumed by such successor(s)in title.
Section 8.02 Purpose of Assessments. Assessments shall be used (a) to provide funds for
maintenance,upkeep, landscaping and beautification of the Common Elements; (b)to provide services and
facilities related to the Members' use and enjoyment of the Common Elements, including, but not limited
to,the cost of repair,replacement and/or additions thereto; (c)for the payment of taxes assessed against the
Common Elements and insurance related to the Common Elements; (d) for the employment of attorneys,
accountants and other professionals to represent the Association when necessary or useful; (e) for the
employment of security personnel; and (f) to provide any service which is not readily available from any
governmental authority related to the use, occupancy and enjoyment of the Lots and/or Common Elements
which the Association shall decide to provide. Assessments may be levied to pay for any utilities necessary
to accomplish any of the above-stated purposes.
Section 8.03 Common Expense Budget and Annual Assessments. Not later than the earlier
of December 1 or the date of the annual meeting of the Members,the Board of Directors shall prepare and
deliver to the Members a budget for the operation of the Association and the maintenance of the Common
Elements for the following calendar year,which budget shall include an estimate of the Common Expenses
and Annual Assessments for the following calendar year, and a statement of the sources and estimated
amounts of funds to cover such Common Expenses, which may include any surplus to be applied from
prior years, any income expected from sources other than Annual Assessments, and the amount to be
generated through the levy of Annual Assessments.
The Board of Directors shall deliver a copy of the final budget and notice of the amount of the
Annual Assessment to be levied to each Owner not later than the earlier of December 1 or the date of the
annual meeting of the Members prior to the beginning of the Annual Assessment period. The budget shall
automatically become effective unless disapproved by (a) the vote of the Members having not less than
two-thirds (2/3) of all votes in the Association who are voting in person or by proxy at the annual meeting
of the Members or at a meeting of the Members duly called for such purpose, and/or(b)Declarant during
the Period of Declarant Control. There shall be no obligation to call a meeting for the purpose of
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considering the budget except on petition of the Members as provided for special meetings in the Bylaws.
Any such petition must be presented to the Board of Directors within ten (10) days after delivery of the
budget and notice of the Annual Assessment.
If any proposed budget is disapproved or the Board of Directors fails for any reason to determine
the budget for any year,then the budget most recently in effect shall continue in effect until a new budget is
determined.
The Board of Directors may revise the budget and adjust the Annual Assessment from time to
time during any calendar year, subject to the notice requirements and the right of the Members to
disapprove the revised budget as set forth above.
The Board of Directors is hereby authorized to levy an Annual Assessment equally against all Lots
to fund Common Expenses and to establish and set the frequency or schedule of payment of any Annual
Assessment(i.e.monthly,quarterly or annually).
Section 8.04 Special Assessments. In addition to Annual Assessments, the Board of
Directors may levy,in any calendar year,a Special Assessment applicable to that calendar year only for the
purpose of defraying,in whole or in part,the cost of any construction,reconstruction,repair or replacement
of a capital improvement owned by the Association; provided,however,that any such Special Assessment
shall require the affirmative vote of not less than two-thirds (2/3) of the Members of each appropriate and
affected class of Members who are voting in person or by proxy at a meeting of the Members duly called
for such purpose. The Board of Directors shall also have the power,right and authority to make and levy a
Special Assessment on behalf of the Association against any Lot or Lots (and/or the Owner(s) thereof)
when and to the extent expressly provided in this Declaration. Until the date of termination of the Class B
Membership as provided in Section 7.02, any such Special Assessment shall be in a ratio of 5:1 for Lots
owned by Class the B Member and Class A Members respectively.
Section 8.05 Notice and Ouorum for any Action Authorized Under Sections 8.03 and
8.04. Written notice of any meeting of the Members required by Section 8.03 or Section 8.04(other than a
regularly scheduled annual meeting) shall be sent to all Members not less than ten(10)days nor more than
sixty(60)days in advance of the meeting. At the first such meeting called,the presence of Members and/or
of proxies entitled to cast not less than ten percent(10%)of all the votes in the Association shall constitute
a quorum. If the required quorum is not present, another meeting may be called subject to the same notice
requirement,and the required quorum at the subsequent meeting shall be the Members present in person or
by proxy entitled to votes. No such subsequent meeting shall be held more than sixty(60) days following
the preceding meeting.
Section 8.06 Uniform Rate of Assessment. Unless otherwise expressly provided in this
Declaration,Assessments shall be fixed at a uniform rate for all Lots. Assessments may be collected on an
annual,monthly,quarterly or other basis as determined by the Board of Directors.
Section 8.07 Commencement of Annual Assessments; Due Dates; Certificate of
Payment. The amount of the initial Annual Assessment for each Lot for the calendar year in which this
Declaration is recorded in the office of the Register of Deeds of Orange County, North Carolina shall be
One Thousand Five Hundred and No/100 Dollars ($1,500.00). The Annual Assessment shall be levied
against each Lot at such time as (a) the construction of a residential dwelling on such Lot is substantially
complete and a certificate of occupancy for the residential building has been issued by the appropriate
governmental authority; (b) such Lot and the residential building thereon have been sold to any Person(s)
other than the builder or Declarant; and (c) the deed conveying such Lot and the residential building
thereon to such Person(s)has been recorded in the office of the Register of Deed of Orange County. Upon
the initial sale of a Lot and the residential building thereon as provided above,the purchaser(s)of such Lot
and the residential dwelling thereon shall pay to the Association, at closing,the Annual Assessment for the
calendar year in which the closing occurs,prorated as of the date of closing. Not later than the last day of
each calendar year,commencing with the calendar year in which the first closing of the sale of any Lot and
the residential building thereon as provided above occurs, Declarant shall pay to the Association the
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Annual Assessment for each Lot owned by Declarant or any builder at any time during such calendar year,
prorated if and as appropriate consistent with the foregoing provisions of this Section. Unless Declarant
during the Period of Declarant Control or, thereafter, the Board of Directors, shall specify some other
frequency or schedule of payment, the Annual Assessment levied against each Lot which has been sold to
any Person(s) other than a builder or Declarant as provided in (a), (b) and (c) above, shall be due and
payable in full on the first day of each calendar year after the calendar year in which such sale occurred.
The amount of the Annual Assessment due and payable on the first day of each such calendar year shall be
as set forth and established pursuant to this Article.
The Association shall,upon written request from any Owner, and for a reasonable charge, furnish
a certificate to such Owner signed by an officer of the Association setting forth whether the Assessments on
such Owner's Lot have been paid. A properly executed certificate issued by a duly authorized officer of
the Association as to the status of all Assessments on a Lot shall be binding upon the Association as of the
date of its issuance.
Section 8.08 Effect of Nonpayment of Assessments: Remedies of the Association. In the
event any Owner shall fail to pay any Assessment within thirty (30) days after the due date, such
Assessment shall bear interest from the due date at the rate of eighteen percent (18%) per annum or the
maximum legal rate, whichever is less, and shall be subject to a late payment charge, in the discretion of
the Board of Directors,not to exceed Twenty-Five Dollars ($25.00)or the maximum legal rate,whichever
is less. The Association or its managing agent or other representative may bring an action or proceeding
against the Owner personally obligated to pay the same to collect such delinquent Assessment, together
with any accrued Charges, or to foreclose the Association's lien against the Lot against which the
Assessment was levied. For purposes of this Section, the amount of any delinquent Assessment, plus
accrued Charges, shall be considered evidenced by this Section and, therefore, evidence of indebtedness
shall hereby exist. No Owner may waive or otherwise escape liability for any Assessment or Charge by
non-use of any Common Elements or by non-use,abandonment,sale or transfer of his or her Lot.
Section 8.09 Subordination of the Association's Lien to Mortgages. The Association's lien
for Assessments provided for in this Article shall be subordinate to the lien of any first priority deed of trust
or mortgage. The sale or transfer of any Lot shall not affect or impair the Association's lien for any
Assessment. However,the sale or transfer of any Lot pursuant to a mortgage foreclosure sale,or transfer of
title to the mortgagee in lieu thereof, shall extinguish the Association's lien for any Assessment and Charge
which became due and payable prior to the date of such foreclosure sale or transfer to a mortgagee in lieu
thereof. No such sale or transfer shall, however, relieve or release any Lot from liability for any
Assessments or Charges thereafter becoming due or from the lien thereof.
Section 8.10 Exempt Property. The Common Elements shall be exempt from the lien of any
Assessment. Any Lot which Declarant shall hereafter designate for common use as part of the Common
Elements, and any part of the Property granted to or used solely by a utility for the purpose of providing
utility services to the Property,or any part thereof,shall be exempt from the lien of any Assessment.
Section 8.11 Working Capital Contributions and Working Capital Fund. At the closing
of the initial sale of each Lot and the residential building constructed thereon by a builder to any Person(s)
other than such builder or Declarant as provided in Section 8.07, the purchaser of such Lot and the
residential building thereon shall pay to the Association, at closing, a one-time Working Capital
Contribution in the amount of Five Hundred and No/100 Dollars ($500.00). Each such Working Capital
Contribution shall be deposited by the Association into a Working Capital Fund maintained by the
Association. The purpose of the Association's Working Capital Fund shall be to ensure that the
Association shall have adequate cash available to meet unforeseen expenses and/or acquire additional
equipment and/or services as deemed necessary or desirable by the Board of Directors. Working Capital
Contributions shall not be considered to be advance payments of any Assessments and shall not be credited
in reduction of any Assessments.
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ARTICLE IX
INSURANCE
Section 9.01 Ownership. All insurance policies upon the Common Elements and/or any
other property of the Association shall be purchased by the Association, or its agent, for the benefit of the
Association, the Owners (including Declarant for so long as Declarant shall retain title to any Lot or any
other part of the Property) and the Owners' respective mortgagees as their interests may appear. Each
Owner may, in his or her sole discretion, obtain additional insurance coverage upon his or her real and/or
personal property at his or her sole expense.
Section 9.02 Property Insurance. Any and all Buildings and Improvements located on any
Common Elements and any and all personal property belong to the Association shall be insured in an
amount equal to the maximum amount of their insurable replacement value, excluding foundation and
excavation costs,or by ninety percent(90%)co-insurance blanket coverage or by such other form of policy
as the Board of Directors shall deem appropriate. Such coverage shall afford protection from and against
(a) loss or damage by fire or other hazards covered by a standard extended coverage endorsement, and(b)
such other risks as the Board of Directors shall deem appropriate, including vandalism and malicious
mischief.
Section 9.03 Public Liability Insurance. Public liability insurance with respect to the
Common Elements shall be purchased by the Association, or its agent, in such amounts and with such
coverage as the Board of Directors shall deem appropriate. The Board of Directors may also purchase,
from time to time, such additional types of insurance as it may deem necessary or desirable. To the extent
available, each such policy shall include an endorsement providing coverage to each Owner and his family
members,tenants,guests and invitees.
Section 9.04 Fidelity Insurance or Bond. All Persons responsible for or authorized to
expend funds or otherwise deal in the assets of the Association shall be bonded by a fidelity insurer to
indemnify the Association for any loss or default in the performance of their duties in an amount equal to at
least one-half(1/2)the Annual Assessment plus accumulated reserves.
Section 9.05 Premiums. Premiums for contracts of insurance purchased by the Association
shall be paid by the Association and charged ratably to the Owners as a component of Common Expenses.
Section 9.06 Proceeds. All contracts of insurance purchased by the Association shall be for
the benefit of the Association, the Owners and the Owners respective mortgagees as their interests may
appear. All insurance proceeds shall be payable to the Association as insurance trustee under this
Declaration. The sole duty of the Association as insurance trustee shall be to receive such proceeds as are
paid and to hold the same in trust for the purposes stated herein.
Section 9.07 Distribution of Insurance Proceeds. Proceeds of insurance policies purchased
by the Association shall be payable to the Association, its successors or assigns, as insurance trustee, and
shall be distributed to or for the benefit of the beneficial Owners in the following manner:
(a) Expenses of the Trustee. All expenses of the insurance trustee shall be first paid
or provisions made therefor.
(b) Reconstruction or Repair. If the damage or destruction for which the insurance
proceeds are paid is to be repaired or reconstructed, the proceeds, or such portion thereof as may be
required for such purposes, shall be paid to defray the costs thereof. Any insurance proceeds in excess of
the amount required to pay for the costs of repairs or reconstruction of the insured property, shall be
retained by and for the benefit of the Association and held in a reserve account for capital improvements.
(c) Failure to Reconstruct or Repair. If it is determined that the damage or
destruction for which the insurance proceeds are paid shall not be repaired or reconstructed, then the said
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proceeds shall be retained by and for the benefit of the Association and held in a reserve account for capital
improvements.
ARTICLE X
DAMAGE AND DESTRUCTION
Section 10.01 Estimating Cost of Repairs. Immediately after the damage or destruction of all
or any part of the Common Elements covered by insurance written in the name of the Association, the
Association shall file and settle all claims arising under such insurance policies and obtain detailed
estimates of the cost of repair or reconstruction of the damaged or destroyed Common Elements.
Section 10.02 Property to be Repaired or Reconstructed. Any damage or destruction to any
part of the Common Elements insured by the Association shall be repaired or reconstructed unless at least
seventy-five percent(75%)of the voting Members of the Association shall vote not to repair or reconstruct
the damaged property within ninety(90)days after the damage or destruction. No mortgage shall have the
right to participate in the determination of whether the damage or destruction shall be repaired or
reconstructed.
Section 10.03 Property not to be Repaired or Reconstructed. In the event that it is
determined that the damage or destruction of property insured by the Association shall not be repaired or
reconstructed and no alternative improvements are authorized, then, and in that event, the said property
shall be restored to its natural state and maintained as an undeveloped portion of land by the Association.
Section 10.04 Insufficient Insurance Proceeds. If the damage or destruction for which the
insurance proceeds are paid is to be repaired or reconstructed and if the said proceeds are insufficient to
defray the costs thereof, the Board of Directors may levy a Special Assessment against all Owners in
proportion to the number of Lots owned by such Owners. Additional Assessments may be made at any
time during or following the completion of any repair or reconstruction to cover the costs of same.
ARTICLE XI
ARCHITECTURAL CONTROL COMMITTEE
Section 11.01 Architectural Control Committee and Guidelines. Declarant during the
Period of Declarant Control or, thereafter, the Board of Directors, may appoint an Architectural Control
Committee each year consisting of not less than one(1)nor more than five(5)Persons,none of whom need
be a Member. In the event the Board of Directors shall fail to appoint an Architectural Control Committee
at any time subsequent to the expiration or termination of the Period of Declarant Control, the Board of
Directors shall act as the Architectural Control Committee. Subsequent to the expiration or termination of
the Period of Declarant Control,the Architectural Control Committee shall have the power and authority to
amend,modify,supplement and/or waive any provision of the Guidelines and enforce the provisions of this
Declaration and the Guidelines with respect to the construction or alteration of any Building or
Improvement on any Lot or Common Elements, as well as landscaping, arboreal and vegetative
requirements for the Community. The initial Guidelines shall be established by Declarant and may be
amended, modified, supplemented and/or waived by Declarant from time to time during the Period of
Declarant Control. Declarant shall have the power and authority to enforce the Guidelines during the
Period of Declarant Control but may, in its sole discretion, delegate such power, in full or in part, to the
Architectural Control Committee and/or the Board of Directors at any time prior to the expiration or
termination of the Period of Declarant Control. Any amendment, modification, supplement or waiver of
any provision of the Guidelines shall be effective upon adoption by Declarant or the Architectural Control
Committee, as applicable, and need not be recorded in the office of the Register of Deeds of Orange
County,North Carolina. Notwithstanding the foregoing,any Building or Improvement constructed,erected
or placed on any Lot or Common Elements in compliance with the provisions of this Declaration and the
Guidelines (or any valid waiver thereof or exemption therefrom) in effect at the time such Building or
Improvement was constructed, erected or placed, shall be permitted to remain in place, as originally
constructed, erected or placed notwithstanding any subsequent amendment, modification, supplementation
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or termination of this Declaration or any provision of the Guidelines (or any valid waiver thereof or
exemption therefrom). See Guidelines Exhibit XXXX
Section 11.02 Improvements and Alterations. Unless and until a plan of construction is
approved, in writing, by Declarant during the Period of Declarant Control or, thereafter, by the
Architectural Control Committee, no Building (including any residential building) or Improvement,
whether of a temporary or a permanent nature and whether or not affixed to the ground, shall be
commenced, erected, installed, added or permitted to remain on any Lot or Common Elements. The plans
for any grading and landscaping of any Lot or Common Elements shall also require the prior written
approval of Declarant during the Period of Declarant Control or, thereafter, the Architectural Control
Committee.
Unless and until a plan of alteration is approved, in writing, by Declarant or the Architectural
Control Committee, as applicable, no construction, alteration or repair, including, but not limited to, a
change in exterior color of any Building (including any residential building) or Improvement, shall be
undertaken which affects the external appearance of such Building or Improvement on any Lot or Common
Elements.
No Building or Improvement on any Lot or Common Elements shall be utilized for a type of use
other than that for which it was originally designed without the prior written approval of Declarant during
the Period of Declarant Control or,thereafter,the Architectural Control Committee. In addition,no mature
live trees located outside the building setbacks on any Lot or Common Elements may be cut down or
removed without the prior written approval of Declarant during the Period of Declarant Control or,
thereafter,the Architectural Control Committee,unless necessary to stop the spread of any disease or abate
any dangerous situation.
Nothing contained in this Section shall be construed to limit the right of an Owner to remodel the
interior of his or her home or to paint the interior thereof any color desired.
Section 11.03 Appeals to Board of Directors. Any Owner may appeal to the Board of
Directors any construction, development, alteration or other decision or determination rendered by the
Architectural Control Committee subsequent to the Period of Declarant Control; provided, however, that
written notice of such appeal of any decision or determination of the Architectural Control Committee shall
be delivered to a member of the Board of Directors not later than thirty(30)days after the date the written
decision or determination of the Architectural Control Committee from which an appeal is sought was
rendered by the Architectural Control Committee. The Board of Directors shall establish such appeal
process as it deems reasonable. Subsequent to the Period of Declarant Control,the Board of Directors shall
have the power and authority to (a) amend, modify, supplement, terminate and/or waive any provision of
the Guidelines,and(b)review and uphold,amend,modify,supplement or overturn,in whole or in part, any
decision or determination of the Architectural Control Committee. The Board of Directors shall render and
deliver to the appealing Owner its decision on any such appeal, in writing, and in a prompt manner. The
decision of the Board of Directors shall be final and shall be binding upon the affected Owner, Lot or
Common Elements. The provisions of this Section shall not apply to any decision or determination made
or rendered by the Board of Directors subsequent to the Period of Declarant Control while acting in the
capacity of the Architectural Control Committee.
Section 11.04 Limitation. NOTWITHSTANDING ANY PROVISION CONTAINED IN
THIS ARTICLE OR ELSEWHERE IN THIS DECLARATION TO THE CONTRARY, NONE OF THE
PROVISIONS CONTAINED IN THIS ARTICLE SHALL APPLY TO THE DEVELOPMENT,
IMPROVEMENT, MAINTENANCE AND/OR REPAIR OF THE PROPERTY, OR ANY PART
THEREOF, BY DECLARANT, AND NEITHER THE ARCHITECTURAL CONTROL COMMITTEE
NOR THE BOARD OF DIRECTORS SHALL HAVE ANY POWER OR AUTHORITY PURSUANT TO
THIS DECLARATION TO REVIEW, REQUIRE ANY MODIFICATION TO, OR DISAPPROVE ANY
PLANS,PERMITS OR APPROVALS FOR THE CONSTRUCTION OF ANY STREET, BUILDING OR
IMPROVEMENT BY DECLARANT.
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ARTICLE XII
RESERVED DECLARANT RIGHTS
Section 12.01 Reserved Declarant Rights. Notwithstanding any provision contained in this
Declaration to the contrary, Declarant and its members, managers, employees, contractors and agents shall
not be restricted or prevented by this Declaration from doing, and Declarant and its members, managers,
employees, contractors and agents shall have the right to do such things and to take such actions as they
may deem necessary, advisable or convenient to complete the development of the Property as a residential
planned community consistent with applicable permits, approvals, ordinances, regulations, statutes and
laws, and/or effect the sale or other disposition of Lots. The rights reserved by Declarant, for itself and its
members, managers, employees, contractors and agents, shall include, without limitation, and without the
requirement of approval or consent by or from the Members or the Association, the rights to:
(a) expand the Property to include Additional Property, including any Lot(s) and/or
Common Elements subdivided therefrom,as provided in Section 2.02;
(b) subdivide, re-configure, combine, re-combine, consolidate, remove, add and/or
renumber any Lot(s) and/or Common Elements, or any combination thereof, and record any Supplemental
Plat and/or Supplemental Declaration necessary to effect same;
(c) construct or install any Building and/or Improvement upon any Common
Elements;
(d) convey utilities easements over and across any Lot, Common Elements or other
part of the Property;
(e) construct each Street and make an offer of dedication of any such Street to the
North Carolina Department of Transportation or any municipality having jurisdiction;
(f) maintain and/or authorize the maintenance of such sales office(s), management
office(s), signs advertising the Community and/or model homes upon any Lot(s)and/or Common Elements
as Declarant may deem necessary,advisable or convenient;
(g) elect, appoint and/or remove any officer of the Association and/or any member
of the Board of Directors;
(h) elect, appoint and/or remove any member of the Architectural Control
Committee;
(i) amend,modify and/or supplement this Declaration for any purpose by recording
a Supplement Declaration;
0) veto any amendment, modification and/or supplement of or to this Declaration
proposed by the Members and/or the Association;and
(k) exercise any and all other development rights, special declarant rights and/or
other rights permitted by the Act.
Each of the rights reserved by Declarant in this Section or elsewhere in this Declaration shall exist
from and after the date on which this Declaration is recorded in the office of the Register of Deeds of
Orange County, North Carolina, and, unless sooner waived or released by Declarant pursuant to a written
Release of Reserved Declarant Rights executed by Declarant and recorded in the office of the Register of
Deeds of Orange County, North Carolina, until the date of expiration or termination of the Period of
Declarant Control.
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ARTICLE XIII
GENERAL PROVISIONS
Section 13.01 Enforcement. Subject to the notice requirements stated below,the Association
(including any management entity contracted by the Association) and each Owner(including Declarant for
so long as Declarant shall retain record title to any Lot or any other part of the Property)shall have the right
to enforce or to enjoin the violation of, by any proceeding at law or in equity, all covenants, conditions,
restrictions, reservations, easement, use rights, liens and charges now or hereafter established, granted or
imposed by the provisions of this Declaration. Subject to the notice requirements stated below, the
Association (including its employees, contractors, agents and any management entity contracted by the
Association) shall have the further right to enter upon any Lot or Common Elements at any reasonable time
and in any reasonable manner, for the limited purpose of curing a violation of any covenant, condition,
restriction, reservation or easement now or hereafter established, granted or imposed by the provisions of
this Declaration existing on such Lot or Common Elements without liability for damages for wrongful
entry, trespass or otherwise to the Owner of such Lot or any other Person occupying such Lot. Failure by
the Association or any Owner(including Declarant for so long as Declarant shall retain record title to any
Lot or any other part of the Property)to enforce any covenant, condition,restriction,reservation,easement,
use right, lien or charge now or hereafter established, granted or imposed by the provisions of this
Declaration shall not be deemed a waiver of the right to do so at a subsequent date.
Notwithstanding the foregoing, neither the Association (including its employees, contractors,
agents and any management entity contracted by the Association) nor any Owner (including Declarant)
shall take any legal, equitable or other action against any Lot or the Owner thereof to enforce any right or
remedy or enjoin any violation pursuant to the provisions of this Section unless and until (a) the
Association (or any management entity contracted by the Association) or the enforcing Owner (including
Declarant) shall have delivered to the Owner of the Lot upon which a violation of any covenant,condition,
restriction, reservation or easement now or hereafter established, granted or imposed by the provisions of
this Declaration shall exist, written notice of such violation and demand for cure, which notice shall state
the nature of the violation with specificity; and (b) the Owner of the Lot upon which the violation exists
shall have failed to cure such violation within a period of not less than thirty (30) calendar days after the
date of delivery of such written notice and demand for cure.
The prevailing party in any legal or equitable action pursuant to this Section shall have the right to
recover from the non-prevailing party, and the non-prevailing party shall be liable to the prevailing party
for the payment of, any and all costs and expenses of such legal or equitable action incurred by the
prevailing party, including, without limitation, court costs and reasonable attorneys' fees to the full extent
permitted by law. In the event the Association shall incur any costs and/or expenses to enter upon any Lot
for the purpose of curing a violation of any covenant,condition,restriction,reservation or easement now or
hereafter established, granted or imposed by the provisions of this Declaration existing on such Lot as
provided above, the total amount of all such costs and expenses shall be deemed a Special Assessment
against such Lot and the Owner thereof and the Association shall have all corresponding lien, collection
and other rights with respect to such Special Assessment as are provided in this Declaration.
Section 13.02 Limitations. Nothing contained in this Declaration shall be construed or
interpreted to impose any condition, restriction, lien or charge upon any tract or parcel of land other than
the Property.
Section 13.03 Amendment. Except to the extent otherwise expressly provided in this
Declaration or required by the Act or other applicable law, this Declaration may be amended only by the
affirmative vote of or written agreement signed by the Owners of Lots to which not less than sixty-seven
percent(67%)of the votes in the Association are allocated.
With the exception of any amendment to this Declaration adopted by Declarant during the Period
of Declarant Control, any amendment to this Declaration shall be delivered to the Board of Directors.
Thereupon,the Board of Directors shall,within thirty(30)days:
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(a) Reasonably assure itself that the amendment has been validly approved by the
Owners of the required number of Lots. (For this purpose,the Board of Directors may rely on its roster of
Members and shall not be required to cause any title to any Lot to be examined).
(b) Attach to the amendment a certification as to its validity, which certification
shall be executed by the Association in the same manner that deeds are executed. The following form of
certification is suggested:
CERTIFICATION OF VALIDITY OF AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS,RESTRICTIONS AND EASEMENTS FOR WILLIAMS GLEN
By authority of its Board of Directors, Cates Landing Homeowners Association, Inc.
hereby certifies that the foregoing instrument has been duly approved by the affirmative vote or
written agreement signed by the Owners of Lots to which not less than sixty-seven percent(67%)
of the votes in the Association are allocated and is, therefore, a valid amendment to the
Declaration of Covenants,Conditions,Restrictions and Easements for Cates Landing.
This the day of
Williams Glen Homeowners Association, Inc., a
North Carolina nonprofit corporation
By:
Name:
Title:
(c) Immediately, and within the thirty (30) day period aforesaid, cause the
amendment to be recorded in the office of the Register of Deeds of Orange County,North Carolina.
All amendments shall be effective from the date of their recordation in the office of the Register of
Deeds of Orange County,North Carolina;provided,however,that no such instrument shall be valid until it
has been indexed in the name of the Association. When any instrument purporting to amend this
Declaration has been certified by the Board of Directors,recorded and indexed as provided by this Section,
it shall be conclusively presumed that such instrument constitutes a valid amendment as to each Person
thereafter purchasing any Lot.
Section 13.04 Termination. Except to the extent otherwise expressly required by the Act or
other applicable law, unless and until this Declaration is terminated pursuant to the affirmative vote or
written agreement signed by the Owners of Lots to which not less than eighty percent(80%)of the votes in
the Association are allocated, all of the covenants, conditions, restrictions, easements, liens, charges,
assessments and equitable servitudes set forth in this Declaration shall run with and bind the Property for a
term of twenty(20)years from the date this Declaration is recorded in the office of the Register of Deeds of
Orange County, North Carolina, after which time they shall be automatically extended for successive
periods of ten(10)years each. Any instrument terminating this Declaration shall state the effective date of
termination of this Declaration, shall provide that the responsibility for the maintenance and upkeep of the
Common Elements shall remain with the Owners in perpetuity, and shall be recorded in the office of the
Register of Deeds of Orange County,North Carolina
Section 13.05 Lender's Notice. Upon written request to the Association identifying the name
and address of the holder, insurer or guarantor and the Lot number or address,any mortgage holder,insurer
or guarantor will be entitled to timely written notice of:
(a) Any condemnation or casualty loss that affects either a material portion of any
Lots and/or Common Elements securing its mortgage.
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(b) Any sixty (60)day delinquency in the payment of any Assessment owed by the
Owner of the Lot on which it holds the mortgage.
(c) A lapse, cancellation or material modification of any insurance policy or fidelity
bond maintained by the Association.
(d) Any proposed action that requires the consent of a specified percentage of
mortgage holders.
(e) The Association's financial statement for the immediately preceding fiscal year.
Section 13.06 Exhibits. Whenever reference is made to any exhibit attached to this Declaration,
such exhibit shall be deemed to be incorporated herein as fully as if set forth verbatim herein.
Section 13.07 Inconsistent Provisions. In the event any provision contained in this Declaration
is contrary to or inconsistent with any mandatory provision contained in the Act, the mandatory provision
contained in the Act shall prevail and this Declaration shall be deemed to be amended and/or modified
consistent therewith. In the event any provision contained in the Articles of Incorporation,Bylaws,Guidelines
and/or Rules and Regulations is contrary to or inconsistent with any provision contained in this Declaration,the
provision contained in this Declaration shall prevail and the Articles of Incorporation, Bylaws, Guidelines
and/or Rules and Regulations, as applicable, shall be deemed to be amended and/or modified consistent
herewith.
Section 13.08 Notices. Any notices provided for in this Declaration shall be in writing and shall
be deemed sufficiently given to(a)any Owner when delivered personally at or mailed to the address shown on
any recorded instrument conveying a Lot to such Owner, or at any other address that such Owner may
designate to the Association in writing;(b)Declarant when delivered personally at or mailed to 320 Executive
Court, Hillsborough, North Carolina 27278, or to any other address that Declarant may designate to the
Association in writing; (c) the Association when delivered personally at or mailed to the address of the
registered agent or any officer of the Association;and(d)any management entity contracted by the Association
when delivered personally at or mailed to the address designated in any management agreement. Any notice
properly addressed, bearing proper postage and deposited in the United States mail shall be deemed to have
been received by the recipient five(5) days (exclusive of any Sunday or federal holiday) after the date of the
postmark.
Section 13.09 No Liability. In no event shall Declarant,the Association or the any management
entity contracted by the Association be liable to any Owner with respect to any dispute which may arise solely
among or between any two(2)or more Owners,nor shall Declarant,the Association or any management entity
contracted by the Association be responsible or liable for any act,omission,conduct or breach of any obligation
imposed by this Declaration by any Owner or any family member, guest, tenant, licensee or invitee of any
Owner.
Section 13.10 Governing Laws. The interpretation and construction of this Declaration and the
enforcement of any right or remedy conferred upon Declarant,the Association,any Owner or any other Person
pursuant to any provision of this Declaration shall be governed by the laws of the State of North Carolina.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed by its duly
authorized Managers as of the day and year first above written.
[Signature on next page]
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LAWRENCE ROAD PARTNERS, LLC, a North Carolina
limited liability company
By: (Seal)
Scott W.Ashton,Manager
By: (Seal)
Steven A.Hubrich,Manager
By: (Seal)
James W.Parker,Jr.,Manager
STATE OF NORTH CAROLINA
COUNTY OF
1,the undersigned Notary Public of the State and County aforesaid,do hereby certify that SCOTT
W.ASHTON, STEVEN A.HUBRICH and JAMES W. PARKER,JR. each personally appeared before
me this day and acknowledged that he is a Manager of Hillsborough Development Group, LLC, a North
Carolina limited liability company; that Hillsborough Development Partners, LLC is the Manager of
LAWRENCE ROAD PARTNERS, LLC, a North Carolina limited liability company; and that, by
authority duly given, he voluntarily signed the foregoing instrument for and on behalf of the limited
liability company in his capacity as a Manager thereof.
Witness my hand and official stamp or seal,this the_day of 2024.
Signature of Notary Public
(Stamp-Seal)
Printed or Typed Name of Notary Public
My Commission Expires:
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EXHIBIT A
INITIAL PROPERTY
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EXHIBIT B
ARTICLES OF INCORPORATION
OF
WILLIAMS GLEN HOMEOWNERS ASSOCIATION,INC.,
a North Carolina Nonprofit Corporation
The undersigned does hereby make and acknowledge these Articles of Incorporation for the purpose
of forming a nonprofit corporation under and by virtue of the North Carolina Nonprofit Corporation Act,
N.C.G.S. §55A-1-01 et La.
ARTICLE I
NAME
The name of the corporation is Williams Glen Homeowners Association,Inc.
ARTICLE II
INITIAL REGISTERED OFFICE AND AGENT
The street and mailing address and county of the initial registered office of the corporation are 320
Executive Court,Hillsborough,Orange County,North Carolina 27278. The name of the initial registered agent
of the corporation at that address is James W.Parker,Jr.
ARTICLE III
INCORPORATOR
The name and address of the incorporator are James W. Parker, Jr., 320 Executive Court,
Hillsborough,North Carolina 27278.
ARTICLE IV
MEMBERSHIP
Each Person who holds record title to any Lot in Williams Glen, a residential planned community
located in Orange County, North Carolina, as provided in that certain Declaration of Covenants, Conditions,
Restrictions and Easements for Williams Glen recorded or to be recorded in the office of the Register of Deeds
of Orange County, North Carolina, as amended, modified and/or supplemented from time to time (the
"Declaration") and as shown on the recorded plat(s) of survey referenced therein, as same may be amended,
supplemented and/or modified from time to time,shall be and remain a member("Member")of the corporation
for so long as Person shall hold record title to such Lot. No lienholder,judgment creditor, trustee or other
person or entity holding legal or beneficial title to, or any other interest in, any Lot merely as security for an
obligation, or a leasehold interest only in any Lot, shall be qualified for or entitled to membership in the
corporation. All defined terms in the Declaration shall have the same meanings in these Articles of
Incorporation as are ascribed to them in the Declaration unless otherwise expressly defined herein.
ARTICLE V
DISTRIBUTION OF ASSETS UPON DISSOLUTION
Any assets of the corporation shall,upon dissolution of the corporation,be distributed in accordance
with the applicable provisions of the North Carolina Planned Community Act and/or the North Carolina
Nonprofit Corporation Act,as applicable.
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ARTICLE VI
PRINCIPAL OFFICE
The initial street and mailing address of the principal office of the corporation is 320 Executive Court,
Hillsborough,North Carolina 27278. The principal office may, however, be located at such other place(s) as
may be designated from time to time by the corporation's Board of Directors.
ARTICLE VII
PURPOSES
The corporation does not contemplate pecuniary gain or profit to its Members and is formed solely for
the purposes for which a nonprofit corporation may be formed and operated pursuant to the North Carolina
Planned Community Act and the North Carolina Nonprofit Corporation Act. The specific purposes for which
the corporation is formed are as follows:
(a) to have and exercise any and all powers, rights and privileges granted to the
corporation by the Declaration,to perform the functions and duties set forth in the Declaration and to enforce
any valid restriction, condition and covenant set forth in the Declaration, all to the full extent not inconsistent
with the North Carolina Planned Community Act and/or the North Carolina Nonprofit Corporation Act, as
applicable;
(b) to receive, acquire, hold, retain, encumber, sell, transfer and/or convey legal or
beneficial title to the Common Elements,or any part thereof,and any tangible or intangible personal property,
as provided in the Declaration;
(c) to exercise all powers deemed by the Board of Directors of the corporation to be
necessary to the corporation's objectives and purposes or which reasonably may be implied therefrom,
including,but not limited to,the power to solicit,collect,receive,administer and disburse funds and file liens in
such manner as,in the sole discretion of the Board of Directors of the corporation,will operate most effectively
to further the mutual benefit of the members of the corporation consistent with the applicable provisions of the
Declaration, the North Carolina Planned Community Act and the North Carolina Nonprofit Corporation Act;
and
(a) to have and exercise any and all other powers, rights and privileges which a
corporation organized pursuant to the North Carolina Planned Community Act and the North Carolina
Nonprofit Corporation Act may by law now or hereafter have or exercise.
ARTICLE VHI
INITIAL DIRECTORS
The corporation's initial Board of Directors shall consist of three (3) directors. The names and
addresses of the corporation's initial directors are as follows:
Scott W.Ashton
320 Executive Court
Hillsborough,North Carolina 27278
Steven A.Hubrich
James W.Parker,Jr.
320 Executive Court
Hillsborough,North Carolina 27278
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ARTICLE IX
BYLAWS
The initial Bylaws of the corporation shall be adopted by the corporation's initial Board of Directors.
The Members shall have the power to amend or repeal the initial Bylaws or to adopt new Bylaws. The Bylaws
may contain any provisions for the regulation and management of the corporation which are not inconsistent
with the Declaration, these Articles of Incorporation, the North Carolina Planned Community Act and/or the
North Carolina Nonprofit Corporation Act,as applicable.
ARTICLE XI
TAX EXEMPT STATUS
The corporation shall have all the powers granted non-profit corporations under the laws of the
State of North Carolina. Notwithstanding any other provision of these Articles of Incorporation, the
corporation hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986. The
corporation shall not carry on any activities prohibited by a corporation electing tax-exempt status under
Section 528, or any corresponding sections or provisions of any future United States Internal Revenue law
or of any analogous law of the State of North Carolina.No part of the net earnings of the corporation shall
inure to the benefit of its Members, directors, officers or other persons except that the corporation shall be
authorized and empowered to pay reasonable compensation for services rendered and to make payments
and distributions in furtherance of the exempt purposes of the corporation.
ARTICLE XI
AMENDMENT
These Articles of Incorporation may be amended at any annual or special meeting of the Members
duly held in accordance with the provisions of the Bylaws of the corporation with respect to which notice of
such purpose has been given,and at which a quorum is present,by the affirmative vote of Members entitled and
qualified to vote present at such meeting in person or by proxy who represent(a)not less than two-third(2/3)of
all votes cast at such meeting,or(b)not less than a majority of the total number of votes allocated to all of the
Lots as provided in the Declaration,whichever is less. These Articles of Incorporation may also be amended,
without a meeting,by written consent of Members entitled and qualified to vote who represent the total number
of votes allocated to all Lots as provided in the Declaration. In the event there are no Members entitled and
qualified to vote,these Articles of Incorporation may be amended as provided by the applicable provisions of
the North Carolina Planned Community Act and/or the North Carolina Nonprofit Corporation Act.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this the day of ,2024.
James W.Parker,Jr.,Incorporator
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EXHIBIT C
INITIAL BYLAWS OF
WILLIAMS GLEN HOMEOWNERS ASSOCIATION,INC.,
a North Carolina Nonprofit Corporation
ARTICLE I
NAME
Section 1.01 Name.The name of the corporation is Williams Glen Homeowners Association,Inc.
(the"Corporation").
ARTICLE II
OFFICES
Section 2.01 Principal Office. The principal office of the Corporation shall be located at the
address provided in the Articles of Incorporation or at such other place in the State of North Carolina as may be
designated from time to time by the Board of Directors.
Section 2.02 Registered Office. The registered office of the Corporation required by law to be
maintained in the State of North Carolina may be,but not need be,identical with the principal office.
Section 2.03 Other Offices. The Corporation may have offices at such other places,either within
or without the State of North Carolina as the Board of Directors may from time to time determine or as the
affairs of the Corporation may require.
ARTICLE III
MEMBERSHIP
Section 3.01 Membership. Any Person who holds record title to any Lot located in Williams
Glen, a residential planned community located in Orange County, North Carolina, as provided in the
Declaration of Covenants, Conditions, Restrictions and Easements for Williams Glen recorded or to be
recorded in the office of the Register of Deeds of Orange County,North Carolina, as same may be amended,
supplemented and/or modified from time to time (the "Declaration"), and the recorded plat(s) of survey
referenced therein shall be and remain a member ("Member") of the Corporation for so long as such Person
shall hold record title to such Lot. No lienholder,judgment creditor, trustee or other Person holding legal or
beneficial title to,or other interest in, any Lot merely as security for an obligation,or holding only a leasehold
interest in any Lot,shall be qualified for or entitled to membership in the Corporation. All defined terms in the
Declaration shall have the same meanings in these Bylaws unless otherwise defined herein.
ARTICLE IV
MEETINGS OF MEMBERS
Section 4.01 Annual Meeting. A meeting of the Members shall be held at least once each
calendar year on such date as may be designated by the Board of Directors for the purpose of transacting any
business authorized to be transacted by the Members.
Section 4.02 Substitute Annual Meeting. If the annual meeting of the Members is not held as
provided in Section 4.01, any business, including the election of Directors, which might properly have been
acted upon at the annual meeting may be acted upon at any subsequent meeting of the Members held pursuant
to these Bylaws or pursuant to a court order requiring a substitute annual meeting.
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Section 4.03 Special Meetings. In addition to the annual meeting as provided in Section 4.01, a
special meeting of the Members may be called at any time by the President, a majority of the Board of
Directors, or upon written request of Members having not less than ten percent(10%) of all the votes in the
Corporation as provided in the Declaration.
Section 4.04 Notice of Meetings. Written notice of each meeting of the Members shall be given
by,or at the direction of,the Secretary or other person authorized to call the meeting by mailing a copy of such
notice,postage prepaid,not less than ten(10)days nor more than sixty(60)days in advance of any annual or
special meeting to each Member entitled and qualified to vote thereat,addressed to each such Member's address
last appearing on the books of the Corporation or supplied by such Member to the Corporation for the purpose
of the notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special
meeting,the purpose of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in
the United Stated mail,addressed as provided above,with postage thereon prepaid.
Section 4.05 Qualification to Vote. Any Person who does not hold record title, individually or
with others,to any Lot shall not be entitled or qualified to vote on any action taken by the Members unless such
person is given the authority to vote for and on behalf of a Member by written proxy complying with the
provisions of Section 4.08. No Member who is delinquent in the payment of any Annual Assessment, Special
Assessment, Charge or other assessment, fee, cost, charge or other expense, or any part thereof, levied by the
Board of Directors shall be entitled or qualified to vote on any action taken by the Members at any time during
which any such Annual Assessment,Special Assessment,Charge or other fee,cost,charge or other expense,or
any part thereof,is delinquent.
Section 4.06 Voting List. At least five (5) days before each meeting of the Members the
Secretary shall prepare an alphabetical list of the Members entitled and qualified to vote at such meeting,which
list shall be kept on file at the principal office of the Corporation for a period of five (5) days prior to such
meeting, and shall be subject to inspection by any Member at any time during usual business hours. This list
shall also be subject to inspection by any Member during the whole of the meeting. Any Member otherwise
entitled and qualified to vote at any meeting shall be entitled to vote;provided,however,that the owner(s) of
each Lot shall not cast more than the number of votes allocated to such Lot by the Declaration on any action
taken by the Members,regardless of the number of record owners of such Lot.
Section 4.07 Quomm. The presence at any meeting in person or by proxy of Members entitled
and qualified to vote who represent not less than ten percent(10%)of the votes allocated to all Lots as provided
in the Declaration shall constitute a quorum for any action;provided,however,that no Lot may be represented
by more than one (1) Member for the purpose of determining whether a quorum is present, regardless of the
number of record owners of such Lot. If a quorum shall not be present or represented at any meeting, the
Members entitled and qualified to vote thereat shall have power to adjourn the meeting from time to time,
without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be
represented. The presence of a Member at the beginning of a meeting, in person or by proxy, shall constitute
the presence of that Member for the duration of such meeting for the purpose of determining whether a quorum
is present for any action.
Section 4.08 Proxies. At all meetings of the Members, each Member may vote in person or by
proxy;provided,however,that the record owner(s)of each Lot,whether one(1)or more,shall not be entitled to
cast more than one(1)vote per Lot as provided in the Declaration,regardless of the number of record owners
of such Lot. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and
shall automatically cease upon expiration or termination of the Member's membership in the Association or
suspension of his or her eligibility to vote.
Section 4.09 Order. The order of business at annual meetings of the Members, and, as far as
practical,at all other meetings of the Members,shall be:
a. Calling of the roll and certifying of proxies.
b. Proof of notice of meeting or waiver of notice.
C. Reading and disposal of any unapproved minutes.
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d. Unfinished business.
e. Committee reports.
f. New business.
g. Adjournment.
Section 4.10 Conduct of Meetings. The President shall preside over all meetings of the
Members. The Secretary shall keep a minute book with all resolutions adopted by the Members,minutes of all
meetings, and all written consents to actions taken without a meeting. Robert's Rules of Order(latest edition)
shall govern the conduct of each meeting.
Section 4.11 Adjournments. Any meeting of the Members at which a quorum is present may be
adjourned by a majority of the Members present at such meeting, in person or by proxy, to reconvene at a
specific time and place. It shall not be necessary to give any notice of the reconvened meeting or of the
business to be transacted if the time and place of the reconvened meeting are announced at the meeting which
was adjourned. Any business may be transacted which could have been transacted at the meeting which was
adjourned if a quorum is present at the reconvened meeting. The presence of a Member at the beginning of a
meeting, in person or by proxy, shall constitute the presence of that Member for the duration of such meeting
for the purpose of determining whether a quorum is present for any action.
Section 4.12 Action of Members without a Meeting. Any action which may be taken at a
meeting of the Members may be taken without a meeting if a written consent setting forth with reasonable
detail the action authorized is signed by Members then entitled and qualified to vote who represent not less than
the minimum number of votes necessary to approve such action at a special meeting of the Members.
Facsimile signatures shall be permitted and shall have the same validity and effect as original signatures. The
consent shall be filed in the minute book or other appropriate records of the Corporation by the Secretary. It
shall then have the same effect as a vote of such Members at a special meeting called for the purpose of
considering the action authorized.
Section 4.13 Vote Required for Action. The total number of votes that may be cast by the
membership on any action which may be taken by the Members,whether at an annual or special meeting or by
written consent without a meeting,shall not exceed the total number of votes allocated to all Lots as provided in
the Declaration. The record owner(s) of each Lot, whether one (1) or more, shall cast not more than one(1)
vote for such Lot as provided in the Declaration on any action taken by the Members. Any vote cast or a
written consent signed by a record owner of any Lot having more than one(1)record owner shall be deemed to
be a vote cast or a written consent signed by all record owners of such Lot and shall be binding upon each of
them as fully and to the same extent as if each of them had voted on such action or signed such written consent.
Except as otherwise provided by law,the Declaration,the Articles of Incorporation or these Bylaw,and subject
to the above-stated voting provisions,the act of Members entitled and qualified to vote who represent not less a
majority of the total number of votes present in person or by proxy at any meeting of the Members at which a
quorum is present,shall be the act of all of the Members.
ARTICLE V
BOARD OF DIRECTORS
Section 5.01 General Powers. The business and affairs of the Corporation shall be managed by
the Board of Directors. The Board of Directors shall have all powers of the Corporation that are not required
by law, the Declaration, the Articles of Incorporation or these Bylaws to be exercised by the Members. The
powers of the Corporation include those set forth in Article 3 of the North Carolina Planned Community Act,in
Article 3 of the North Carolina Nonprofit Corporation Act and in the Declaration not inconsistent therewith.
Section 5.02 Number, Term and Qualifications. The number of Directors shall be not less than
one(1)nor more than nine(9). Except to the extent otherwise provided in the Declaration,each Director shall
serve a term of two (2) years and, subject to removal, disqualification or resignation, until his successor has
been elected and qualified. Any natural person shall be eligible for election or appointment as a Director.
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Section 5.03 Nomination. Nominations for election of Directors by the Members shall be
accepted by the Secretary, in writing, not more than thirty (30) days prior to the annual meeting of the
Members. Nominations may also be made orally by any Member at the annual meeting of the Members.
Nominations for election of Directors shall be made and accepted according to procedures adopted by the
Board of Directors.
Section 5.04 Election. Directors shall be elected as provided in Section 5.02. Those persons
who receive the highest number of votes shall be deemed to be elected. If any Member so demands, the
election of Directors by the Members shall be by written ballot.
Section 5.05 Removal. Any Director may be removed from office,with or without cause,by a
vote of the Members at any annual or special meeting of the Members duly held in accordance with the
provisions of these Bylaws with respect to which notice of such purpose has been given and at which a quorum
is present by the affirmative vote of Members present in person or by proxy who are entitled and qualified to
vote and who represent not less than a majority of all votes allocated to all Lots as provided in the Declaration.
Section 5.06 Vacancies. Any vacancy occurring on the Board of Directors may be filled by a
majority of the Directors remaining in office though less than a quorum of the Board of Directors. Any
Director so elected by the remaining Directors to fill the vacancy of a removed Director shall, subject to
removal,disqualification or resignation,serve the remaining term of such removed Director and until his or her
successor has been elected and qualified.
Section 5.07 Compensation. Directors shall not receive compensation for their services on the
Board of Directors. A Director may serve the Association in another capacity and receive compensation, if
disclosed to the Board of Directors in advance in writing.
Section 5.08 Committees. The Board of Directors may,by resolution adopted by a majority of
the Directors, establish such committees and the terms, purposes and authorities thereof, as it may, in the
exercise of its sole discretion,deem appropriate. Each such committee shall consist of at least one(1)Member,
but need not consist of a Director unless so provided by the Board of Directors. Non-Members may serve on
any committee unless expressly prohibited by the Board of Directors. No committee may exercise the authority
of the Board of Directors in the conduct of the business or affairs of the Corporation.
ARTICLE VI
MEETINGS OF THE BOARD OF DIRECTORS
Section 6.01 Place of Meetings. The Board of Directors may hold its meetings at any place as
the Board of Directors by resolution may establish.
Section 6.02 Regular Meetings. A regular meeting of the Board of Directors shall be held at
least once each year at such time(s)as the Board of Directors by resolution may provide.
Section 6.03 Special Meetings. Special meetings of the Board of Directors may be called by the
President,the Secretary or any Director.
Section 6.04 Notice of Meetings. No notice shall be required for regularly scheduled meetings.
Notice of each special meeting shall be given to each Director stating the time, place and purpose of the
meeting. The notice of any special meeting shall be given by mail deposited at least five(5)days before the
meeting or by telephone, telegram, cablegram, or personal delivery at least three(3)days before the meeting.
Notice by telegram or cablegram shall be deemed delivered at the time the notice is filed with the transmitting
agency. Notice by telephone or personal delivery shall be deemed effective only when actually communicated
to the Director.
Section 6.05 Quorum. A quorum shall be deemed present throughout any meeting of the Board
of Directors when a majority of all Directors then holding office are present in person or by proxy at the
beginning of the meeting.
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Section 6.06 Voting. Except as otherwise provided by law or these Bylaws,the act of a majority
of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors.
Each Director shall have one (1) equal vote on all matters considered and/or voted upon by the Board of
Directors.
Section 6.07 Adjournments. Any meeting of the Board of Directors,whether or not a quorum is
present,may be adjourned by a majority of the Directors present to reconvene at a specific time and place. It
shall not be necessary to give notice of the reconvened meeting or of the business to be transacted,other than by
announcement at the meeting which was adjourned. Any business may be transacted which could have been
transacted at the meeting which was adjourned,if a quorum is present at the reconvened meeting.
Section 6.08 Action by Board of Directors without a Meeting. Any action required or permitted
to be taken at any meeting of the Board of Directors may be taken without a meeting if a written consent is
signed by all Directors and is filed with the minutes of the Board of Directors. Facsimile signatures shall be
permitted and shall have the same validity and effect as original signatures. The consent shall have the same
force and effect as a unanimous vote of the Board of Directors.
Section 6.09 Conduct of Meetings. The President shall preside over all meetings of the Board of
Directors. The Secretary shall keep a minute book with all resolutions adopted by the Board of Directors,
minutes of all meetings, all written consents to actions taken without a meeting,all memoranda of emergency
actions taken without a meeting, and proceedings occurring at all such meetings. Robert's Rules of Order
(latest edition)shall govern the conduct of the meetings.
ARTICLE VH
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 7.01 Powers. The Board of Directors shall have power to:
(a) levy,assess or charge Annual Assessments,Special Assessments and other Charges
against or to the Lots in accordance with the provisions of the Declaration;
(b) suspend the voting rights of any Member during any period in which such Member
shall be delinquent in the payment an Annual Assessment,Special Assessment or other Charge levied,assessed
or charged by the Association to or against any Lot owned by such Member;
(c) suspend the privileges of any Member to use the Common Areas(exclusive of any
Street)during any period in which such Member shall be(i)delinquent in the payment an Annual Assessment,
Special Assessment or other Charge levied,assessed or charged by the Corporation to or against any Lot owned
by such Member, or(ii) in material violation of any provision of the Declaration,the Guidelines or the Rules
and Regulations.
(d) file a lien on behalf of the Corporation against any Lot in the event the payment of
any Annual Assessment,Special Assessment or other Charge levied,assessed or charged by the Corporation to
or against such Lot shall become delinquent, and/or commence appropriate legal action to enforce such lien
and/or effect collection of any such Annual Assessment,Special Assessment or other Charge;
(e) declare the office of a Director to be vacant in the event such Director shall be
absent from three(3)consecutive meetings of the Board of Directors;
M elect and employ a President, who shall be the chief executive officer of the
Corporation,and such other employees as they deem necessary,and to prescribe their duties;
(g) elect such other Officers of the Corporation as it may deem necessary;
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(h) elect a successor Director to fill the vacancy of any Director removed by the
Members or declared vacant by the Board of Directors;
(i) establish such committees as it may deem appropriate;and
0) exercise for the Corporation any and all other powers, duties and authority vested
in,conferred upon or delegated to the Corporation pursuant to the North Carolina Planned Community Act,the
North Carolina Nonprofit Corporation Act,the Declaration,the Articles of Incorporation and/or these Bylaws,
as applicable, and not expressly reserved to the Members by the North Carolina Planned Community Act,the
North Carolina Corporation Act, the Declaration, the Articles of Incorporation and/or these Bylaws, the
Declaration,as applicable.
Section 7.02 Duties. It shall be the duty of the Board of Directors to:
(a) cause to be kept a complete record of all its acts and corporate affairs and to present
a statement thereof to the Members at the annual meeting of the Members,or at any special meeting which such
statement is requested in writing any Member;
(b) supervise all Officers, agents and employees of the Corporation, and to see that
their duties are properly performed;
(c) issue,or to cause an appropriate Officer to issue,upon demand by any Member, a
certificate setting forth whether any Annual Assessment, Special Assessment or other Charge required to be
paid by any Member has been paid. Such certificate shall be conclusive evidence of such payment;
(d) cause all Officers or employees having fiscal responsibilities to be bonded, as it
may deem appropriate;
(e) cause any property of the Corporation to be properly maintained and insured;
(f) cause any and all necessary registrations, licenses and permits to be obtained and
maintained by the Corporation;
(g) submit a proposed annual budget, including any proposed Common Expenses, to
the Members for their consideration and approval at the annual meeting of the Members;
(h) submit a proposed special assessment or other charge and justification therefore to
the Members for their consideration and approval when and as the Board of Directors may deem necessary;
(i) pay any license fees or governmental charges levied or imposed against any
property of the Corporation;and
0) perform such other duties as are imposed by the North Carolina Planned
Community Act,the North Carolina Nonprofit Corporation Act,the Declaration,the Articles of Incorporation
and/or these Bylaws,as applicable.
ARTICLE VHI
OFFICERS
Section 8.01 Number. The Officers of the Corporation shall consist of a President, one (1) or
more Vice Presidents as designated by the Board of Directors, a Secretary, a Treasurer and one (1) or more
Assistant Secretaries and Treasurers as designated by the Board of Directors. The Corporation shall not be
required to have at any time any Officers other than a President, Secretary and Treasurer. Any two(2)or more
offices may be held by the same person,except the offices of President and Secretary. Any natural person shall
be eligible for election or appointment as an Officer.
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Section 8.02 Election and Term. All Officers shall be elected by the Board of Directors and
shall serve at the pleasure of the Board of Directors.
Section 8.03 Compensation. Any compensation of Officers shall be fixed by the Board of
Directors.
Section 8.04 Removal. Any Officer or agent elected by the Board of Directors may be removed
by the Board of Directors,with or without cause,at any meeting with respect to which notice of such purpose
has been given to the Directors.
Section 8.05 President. The President shall be a Director and the chief executive officer of the
Corporation and shall have responsibility for the general supervision of the business of the Corporation. The
President shall see that all orders and resolutions of the Board of Directors are carried into effect. The President
shall perform such other duties as may from time to time be assigned or delegated to him or her by the Board of
Directors. The President shall have all the general powers and duties which are incident to the office of the
president of a corporation organized under the North Carolina Planned Community Act and/or the North
Carolina Nonprofit Corporation Act,as applicable.
Section 8.06 Vice Presidents. The Vice President shall be a Director and, in the absence or
disability of the President,or at the direction of the President,shall have the duties and powers of the President.
If the Corporation has more than one Vice President,the Board of Directors shall designate one of them to act
for the President. Each Vice President shall have whatever additional duties and powers as may from time to
time be assigned or delegated to him or her by the Board of Directors or which are incident to the office of the
vice president of a corporation organized under the North Carolina Planned Community Act and/or the North
Carolina Nonprofit Corporation Act,as applicable.
Section 8.07 Secre . The Secretary shall keep accurate and complete records of all meetings
of Members and Directors, including minutes of the meetings, all resolutions adopted and all consents to
actions without a meeting. The Secretary shall have authority to give all notices required by law or these
Bylaws. The Secretary shall be custodian of the corporate books,records,contracts and other documents. The
Secretary may affix the corporate seal to any lawfully executed documents requiring it and shall sign such
instruments as may require his signature. The Secretary shall have whatever addition duties and powers as may
from time to time be assigned or delegated to him or her by the Board of Directors or which are incident to the
office of the secretary of a corporation organized under the North Carolina Planned Community Act and/or the
North Carolina Nonprofit Corporation Act,as applicable.
Section 8.08 Treasurer. The Treasurer shall have custody of all funds and securities belonging to
the Corporation and shall receive,deposit or disburse them under the direction of the Board of Directors. The
Treasurer shall keep full and true accounts of all receipts and disbursements and shall make reports to the Board
of Directors and President upon request. The Treasurer shall perform all duties as may be assigned to him or
her from time to time by the Board of Directors. The Treasurer shall prepare or cause to be prepared all
required financial statements,tax returns and budgets. If the Corporation employs an accountant, attorney or
other agent, the duties may be delegated to the agent. However, the Treasurer shall remain responsible for
supervising the agent. The Treasurer shall have whatever addition duties and powers as may from time to time
be assigned or delegated to him or her by the Board of Directors or which are incident to the office of the
treasurer of a corporation organized under the North Carolina Planned Community Act and/or the North
Carolina Nonprofit Corporation Act,as applicable.
Section 8.09 Assistant Secretary and Assistant Treasurer. The Assistant Secretary and Assistant
Treasurer shall, in the absence or disability of the Secretary of the Treasurer,respectively,have the duties and
powers of those offices. They shall, in general, perform any other duties assigned to them by the Board of
Directors. Specifically, the Assistant Secretary may affix the corporate seal to all necessary documents and
attest the signature of any Officer.
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Section 8.10 Bonds. The Board of Directors may require any or all of the Officers, agents or
employees of the Corporation to give bonds to the Corporation, with sufficient surety, conditioned on the
faithful performance of the duties of their respective offices or positions.
ARTICLE IX
PROHIBITION AGAINST SHARING IN CORPORATE EARNINGS
Section 9.01 Prohibition. No Director, Officer, Member, employee, agent, committee member,
Person connected with the Corporation or other Person shall receive at any time any of the net earnings or
pecuniary profit from the operations of,or any other distribution from,the Corporation;provided,however,that
any such Person may receive payment of reasonable compensation for services rendered to or for the
Corporation in effecting any of its purposes as shall be fixed by the Board of Directors,or a distribution of the
assets of the Corporation upon the dissolution or winding up of the affairs of the Corporation, whether
voluntary or involuntary,to the extent such distribution is mandated or permitted by the North Carolina Planned
Community Act and/or the North Carolina Nonprofit Corporation Act,as applicable.
ARTICLE X
PROHIBITED ACTIVITIES
Section 10.01 Prohibition. Notwithstanding any other provision of these Bylaws to the contrary,
no Director, Officer,Member, employee,agent,committee member or other representative of the Corporation
shall take any action or carry on any activity by or on behalf of the Corporation not permitted to be taken or
carried on by the Corporation pursuant to the North Carolina Planned Community Act and/or the North
Carolina Nonprofit Corporation Act,as applicable.
ARTICLE XI
MISCELLANEOUS
Section 11.01 Fiscal Year. The fiscal year of the Corporation shall begin on or the first(1st)day
of January and end on the thirty-first(31 st)day of December of each calendar year.
Section 11.02 Seal. The corporate seal of the Corporation shall be in circular form having within
its circumstance the words:Williams Glen Homeowners Association,Inc.Corporate Seal.
Section 11.03 Inspection of Books and Records. All accounts, books and records of the
Corporation shall be open to inspection by the Members during normal business hours subject to such
reasonable rules as the Board of Directors may establish.
Section 11.04 Indemnification. Each Director and Officer shall be indemnified by the
Corporation against those expenses which are allowed by the laws of North Carolina and which are reasonably
incurred in connection with any action,suit or proceeding,whether completed,pending or threatened,in which
such Person may be involved by reason of his or he being or having been a Director and/or an Officer.
Indemnification shall be made only in accordance with the laws of the State of North Carolina. The
Corporation may purchase and maintain insurance on behalf of any such Directors and/or Officers against any
liabilities asserted against them whether or not the Corporation would have the power to indemnify the
Directors and/or Officers against the liability under the laws of the State of North Carolina. If any expense or
other amounts are paid by way of indemnification,other than by court order,by action of the Members or by an
insurance carrier,the Corporation shall provide notice of such payment to the Members in accordance with the
laws of the State of North Carolina.
Section 11.05 Waiver of Notice. Whenever any notice is required to be given to any Member or
Director,a waiver signed by the Member or Director entitled to such notice,whether before or after the meeting
to which the waiver pertains,shall be deemed equivalent to proper notice. Attendance at a meeting,whether in
person or by proxy, shall be a waiver of notice of the time and place unless specific objection to improper
notice is made when the meeting is called to order. Attendance shall also be a waiver as to all business
transacted unless specific objection is made before the objectionable business is put to vote.
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Section 11.06 Amendment. These Bylaws may be amended(a)at any annual or special meeting
of the Members duly held in accordance with the provisions of these Bylaws with respect to which notice of
such purpose has been given,and at which a quorum is present,by the affirmative vote of Members entitled and
qualified to vote present at such meeting in person or by proxy who represent not less than a majority of the
total number of votes allocated to all Lots as provided in the Declaration,or(b)by written consent of Members
entitled and qualified to vote who represent not less than a majority of the total number of votes allocated to all
Lots as provided in the Declaration. In the event there are no Members entitled and qualified to vote, these
Bylaws may be amended as provided by the applicable provisions of the North Carolina Planned Community
Act and/or the North Carolina Nonprofit Corporation Act.
Section 11.07 Self-Dealiniz. Each Director,Officer and agent of the Association shall disclose in
the written minutes of the Board of Directors any contract or agreement of any kind between the Corporation
and any person or entity to which he is related by blood or marriage or in which he has an interest, whether
direct or indirect.
Section 11.08 Conflicts. In the event of any conflict between any mandatory provision contained
in the North Carolina Planned Community Act and/or the North Carolina Nonprofit Corporation Act and any
provision contained in the Declaration, the Articles of Incorporation and/or these Bylaws, the mandatory
provision contained in the North Carolina Planned Community Act and/or the North Carolina Nonprofit
Corporation Act, as applicable, shall control. In the event of any conflict between any provision contained in
the Declaration and any provision contained in the Articles of Incorporation and/or these Bylaws,the provision
contained in the Declaration shall control. In the event of any conflict between any provision contained in the
Articles of Incorporation and any provision contained in these Bylaws,the provision contained in the Articles
of Incorporation shall control.
Section 11.09 Effective Date. The effective date of these Bylaws shall be the date of approval and
adoption set forth below.
APPROVED AND ADOPTED BY THE UNDERSIGNED INITIAL DIRECTORS OF THE
CORPORATION THIS DAY OF 92024.
Scott W.Ashton,Initial Director
Steven A.Hubrich,Initial Director
James W.Parker,Jr.,Initial Director
36
Staff Report Attachment 3
Major Subdivision — Concept Plan and Preliminary Plat
Basic Information
Parcel Identification
Vicinity Map for PIN 9883098108 _ 9883-09-81 08
z _.._.. Number (PIN)
C tlar GroveToivpaliiH _.a�. \ �-� �J`,
p d M Lawrence Road Partners,
. , Hills b°r gnTwns�lp , " Applicant Name LLC
T°n°" and Address 320 Executive Court
°w°h Hillsborough, NC 27278
I—Tsi1's1b°'°°9" = Property Owner Lawrence Road Partners,
�F
P,..°.d Name and Address LLC
(if different from 320 Executive Court
UpP E°° ?, Applicant) Hillsborough, NC 27278
G,PPer_En 1 J4`d _
� ChplHillT =h" •-- EarthCentric Engineering
'T �,� f; r s• Agent(s), if
<h m , 204 West Clay Street
°'E o1 °sh,p applicable Mebane, NC
ML,n S,ra�my °f
v—,Supply M—h,l,
Parcel Size +/-28.17 acres Adapted Future Land Use Map with Parcel 9883ogS1oS Depicted
Future Land Use
Map (FLUM) 20-Year Transition Area
Designation
FLUM Overlay(s) Resource Protection Area
Growth Management Urban ,
System Designation
� Lower Eno
Definition of FLUM
Designation Land designated in the 2030 9883098108
Comprehensive Plan as being �� f
(Land Use Element located in areas that are in the
of Comprehensive process of changing from rural to
Plan) urban, that are suitable for urban- r
type densities and should be x:
provided with public utilities and 2
(Appendix F of services within the second 10-year
Comprehensive phase of the Comprehensive Plan.
Ra=opr°e p,o,ea,o
Plan) vaTe°a,e9°„e=
20 Ve°r Tranaltlon •_•.••.
Rurv'Re a'.rlenilal �.�m ry
Cil L'iin i.M••
Interlocal Agreement
Applicable Yes
(Y/N)
1
Town of Hillsboro'jhj6 ange County Central Orange
Coordinated Area Land use Plan
s
Applicable ILA Central Orange Coordinated Area(COCA) Land Use Plan
70
� .
Future Land Use Mixed Residential Neighborhood
Classification
� �W 98838961a9
^a
The dominant land use in any
proposed development is
expected to be residential based
on square footage of proposed
structures. Developments may
Description contain a single or variety of
dwelling types and densities or
may integrate a variety of --
supportive commercial, public and � rban5B1V1�a d I,E�m`
M.xed ReYideiinl Nrglioiharl er+E 'g
semi-public uses and open or
public space.
Existing Zoning
1
Current Zoning
District R-1 (Rural Residential)
1
7e ,
1 Current Use Undeveloped
1
Lower Eno 1
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Surrounding Land Uses and Zoning Aerial Image with Parcel 9883oggio8 Outlined
North — Rural Residential (R-1)
Undeveloped
South — Medium Intensity Residential (R-4) �;R -:
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Existing Roads
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Existing Conditions/Physical Features
The parcel is undeveloped, with a cleared section of active farmland and the remaining section with
wooded area. The site contains a stream with a 65-foot stream buffers, per UDO Section 6.13.
Public Water and Sewer
Private well and septic are proposed for the site.
3
Proposed Project
Proposed Development
Lawrence Road Partners, LLC, property owner and applicant, is proposing a flexible major subdivision
including 15 single family homes and 35% (+/-9.95 acres) open space on +/- 28.17 acres. The applicant has
proposed to pursue the flexible development option and has not submitted a conventional option, per
Section 2.15.2(C) of the UDO.
The Flexible Development Conservation Cluster option involves the preservation of a minimum 33% of the
total tract's land area as protected open space. The applicant has submitted a concept plan layout
(Attachment 1) and preliminary plat (Attachment 2) with proposed lots adhering to the 1-acre lot size and
proposing approximately 9.95 acres of open space. A summary of the proposal is as follows:
Number of Average Lot Open Space
Subdivision Type Lots Size Area in Open Space Percentage
Flexible Development 15 1.12 acres +/-9.95 acres in open 35% in open
Plan space space
Open Space
The flexible development plan proposes a total of+/-9.95 acres of open space. Primary open space, including the
stream and stream buffer area, total 1.09 acres. Secondary Open Space includes 8.86 acres. Primary and
secondary open space are defined in UDO Section 7.12.4(C), and flexible developments are obligated to prioritize
the dedication of primary open space.
Landscape Buffer
The Flexible Development plan identifies a 30-ft. Type B Buffer along Lawrence Road and a 20-ft. Type A Buffer
along the southern parcel line. No additional buffers are required, per UDO Section 6.8.6 .
Recreational Facilities
Pedestrian Open Space Area (POSA) has been identified on the Preliminary Plat as part of the Secondary
Open Space area at the eastern end of the proposed cul-de-sac. The plan includes a 20-ft. Pedestrian
Access Corridor providing pedestrian access to the remainder of the site. Recreational facilities payment in
lieu fees shall be paid towards Eno Chapel Hill Community Park District before final plat approval, per UDO
Section 7.11.6.
4
Site Plan
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Proposed Access and Transportation Network Improvements
The project proposes residential access via a new 50-foot public right of way connecting to Lawrence
Road, which is subject to NCDOT design and construction standards. No roadway improvements are
required by NCDOT, but the project will require a Driveway Permit. The new road shall not be
interconnected to any adjacent properties and is proposed to terminate in a cul-de-sac conforming with the
NC State Fire Code. Per UDO Section 6.17.2(2), a traffic impact analysis is not required.
Summary of Transportation Information
Existing Roadway Characteristics
Affected Roadway Lawrence Road
Type of Roadway Minor Collector—2 lane
undivided
Current Roadway Capacity 10,000
Latest Traffic Volume 4,100 (2021 AADT)
Traffic Generation
Number of Trips Expected to be Generated by 150
Proposed Project
Proposed Utilities
Water and wastewater services will be provided via individual private wells and septic systems on each lot.
Wells and septic s stems shall meet Orange County Environmental Health standards.
Erosion Control/Stormwater Regulations
The applicant has indicated the project will conform to existing stormwater management (Section 6.14) and
erosion and sedimentation control (Section 6.15) regulations of the UDO.
Land Use Buffers/Setbacks
North 40' from front, 20' from side and rear Setback
South 40' from front, 20' from side and rear Setback, 20' Type A Buffer
East 40' from front, 20' from side and rear Setback
West 40' from front, 20' from side and rear Setback, 30' Type B Buffer
Environmental Assessment (EA)
An Environmental Assessment is not required for concept plan applications.
Solid Waste
The applicant has indicated development within the project will conform to the Orange County Solid
Waste Management Ordinance.
6
Review Milestones
Application Submittal Date December 6, 2023
Development Advisory Committee January 18, 2024 (Concept Plan)
(DAC) Review February 15, 2024 (Preliminary Plat)
Neighborhood Information Meeting February 13, 2024
N I M)
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)
State Clearinghouse February 8, 2024 Yes
Analysis
Staff Analysis
As required under UDO Section 2.15.2 (E), the Planning Director is required to: `prepare and submit a
recommendation' on the concept plan to the Planning Board for consideration. In analyzing this
request, the Planning Director offers the following:
1. The application has been deemed complete in accordance with the requirements of Sections
2.2 and 2.15.2 of the UDO.
2. Staff has determined that the property is of sufficient size to support the proposed subdivision.
3. Staff has determined that the preliminary plat conforms with the development standards of
Article 6 and the subdivision standards of Article 7 in the Orange County UDO.
4. Staff supports the approval of the flexible development option contained in the concept plan
Attachment 1 and preliminary plat Attachment 2 .
7
Attachment 4 119
Neighborhood Information Meeting Report Form
REPORT OF INFORMATION MEETING REQUIRED BY
THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE
To: Ashley Moncado, Planner III
Project Name: Williams Glen (previously Meadowmont Farms & Lawrence Road Subdivision)
Approximate Location (or Address): North and east of the intersection of Lawrence Rd & Lannie Dr.
Proposed Number Lots: 15 Residential (Y/N): Yes
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) 01/08/2024 revised 01/18/2024.
A photo of the sign posted is recommended to be attached to this form.
The meeting was held at the following time and place: Tuesday, February 13, 2024 at 5:45pm
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):
1. ECE introduces the project. (Note videos starts late due to camera issues)
2. Questions regarding location of streets on opposite side of Lawrence & relation to site.
3. Questions regarding existing roadway improvements.
4. Stormwater Questions, and concerns about water runoff to the lots to the south which have
existing drainage issues.
5. Talks about the encroachment issues along the southern lot line and surveying concerns.
6. Questions regarding ownership after development.
7. Questions regarding home builder and house size.
8. Discussions about the drainage characteristics of the site.
9. Project buffer discussion and questions regarding the ball fields & tennis courts.
10. HOA timeline question
11. Concerns over well and septic suitability.
12. Questions on Planning Board date, clarification that project is not a SUP, but a major Sub.
13. NIM meeting concludes.
14. Additional encroachment discussions were had with attorney after close of NIM (not
recorded).
As a result of the meeting, the following changes were made to the project proposal (Attach
additional sheet(s) if needed):
No changes to the plan were deemed necessary based on the discussions had at the
neighborhood meeting.
Date: 02/15/2024
Applicant: EarthCentric Engineering Inc.
By: Shawn C. Sidener
Please submit this Report to the Orange County Planning Department located at 131 W.
Margaret Lane or mail it to Ashley Moncado, at 131 W. Margaret Ln. Hillsborough NC, 27278. If
you have any questions, please contact the assigned staff planner.
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01/12/2024
NOTICE OF NEIGHBORHOOD INFORMATION MEETING (NIM)
LAWRENCE ROAD SUBDIVISION(MAJOR SUBDIVISION PLAN&PRLIMINARY PLAT)
Note: This letter supersedes the previous notice dated 01/05/2024.
To Whom It May Concern:
We (the applicant)have submitted a Flexible Major Subdivision Application&a Preliminary Plat
Application proposing to develop property located southeast of the intersection of Lawrence Road&US
Hwy 70A(a portion of PIN#9883-19-4355 for single-family home subdivision. Per Section 2.15,Major
Subdivisions of the Unified Development Ordinance, you are receiving this letter because property you own
is within 1,000 ft. of this parcel. The parcel is further described below:
ir Property Information
Parcel ID Numbers (PIN) A portion of 9883-19-4355
Owner Lawrence Road Partners, LLC
Applicant EarthCentric Engineering Inc.
Location No Address (East of Lawrence,just north of 1-85)
Acreage 28.13 acres of 85.75-acre parent tract
Zoning R1 (Rural Residential)
Watershed Designation Split, Lower Eno Unprotected/Lower Eno Protected
What is being proposed?
15-unit single-family home subdivision with public road ending in a cul-de-sac.
What is this meeting for?
This Neighborhood Information Meeting(NIM)will allow you and other nearby property owners to meet
with the applicant and discuss the proposal.
When and where is the meeting?
Meeting Information
Date Tuesday, February 13, 2024
Time 5:45 PM
Place Orange County Public Library, Main Meeting Room
Address 137 West Margaret Lane, Hillsborough NC 27278
Ashley Moncado, Planner III
Assigned Planner 919-245-2589
amoncado@orangecountync.gov
Following the NIM,the concept plan and preliminary plat will go to the Planning Board for review and
recommendation,prior to review and approval by the Board of County Commissioners.
If you have any questions regarding this project, feel free to reach out to Shawn Sidener at EarthCentric
Engineering,Inc.by phone at 919-563-9041or by email at Shawn.Sidener(&,EarthCentric.com.
Thank you.
Attachment 5
124
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov i 131 W.Margaret Lane,Hillsborough,NC 27278 1919.24S.2575
March 20, 2024
Williams Glen Subdivision
Case #: SUB23-0098
PIN: 9883-09-8108
Re: Development Advisory Committee Report for SUB23-0098 (UDO § 1.9.5)
The Orange County Development Advisory Committee (DAC) met on January 18, 2024, and
February 15, 2024, for final review and discussion of applications for the major subdivision
concept plan and preliminary plat for PIN 9883-09-8108 (Case #: SUB23-0098).
The Orange County DAC has no objections to the approval of the major subdivision concept
plan and preliminary plat application 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,
Cy St ber
Planning & Inspections Director
Orange County Government i www.orangecountync.gov 1 919.732.8181
125
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575
Development Advisory Committee (DAC) Comments
DAC review comments and recommendations do not constitute plan or permit approval for this application
and/or replace any other plans and permits that may be required by other County departments and State
agencies.
Project: SUB23-0098 Lawrence Road Partners, LLC
Location/PIN: 9883-19-4355
Applicant: Jim Parker
Staff Planner: Ashley Moncado, Planner III
DAC Meeting Date: 1/18/2024
Addressing and Date: Staff:
Land Records
No comments received.
Attorney's Office Date: Staff:
No comments received.
Building Date: Staff:
Inspections
No comments received.
DEAPR Date: Staff:
No comments received.
Environmental Victoria Hudson
Health Date: 1/11/2024 Staff: Vhudson(c)_orangecountync.gov
919-245-2365
1. No applications have been received for this project. No records are available.
2. The soil areas are "conceptual" and may not actually represent the size and the layout of
a permitted initial and repair dispersal field for the onsite wastewater system. This is
pending any provided soil report, privatized permitting, or application site plans.
3. The lot sizes and the concept wastewater dispersal areas (See #2.) prohibit the
Department's siting of private water wells on each lot according to the setback
requirements of Orange County. A community well, permitted and constructed to Public
Water Supply standards, may be a solution. Otherwise, permitting is subject to denial.
126
Erosion Nathan Jacobsen
Control Date: 1/16/24 Staff: Njacobsen(a)-orangecountync.gov
(515) 745-5894
1. A Land Disturbing Permit will be required if the proposed disturbance exceeds 20,000
sq. ft. Proposed project appears to exceed this threshold.
Fire and Life Date: Staff:
Safety
No comments received.
NCDOT Date: 1/17/2024 Staff: Chuck Edwards
1. Trip Generation and Traffic Impacts:
a. Based on the information provided, the site consists of 15 single family
residential lots served by a single subdivision street access to Lawrence road. At
full buildout, the site is expected to generate approximately 150 new daily trips.
The proposed access and adjacent road network is expected to operate
acceptably with no road improvements warranted per NCDOT guidelines.
2. Permitting:
a. Prior to performing work in the NCDOT R/W, the applicant will need to obtain the
following:
i. Approved NCDOT Driveway Permit for proposed subdivision street
connection to Lawrence Road
ii. Approved NCDOT Encroachment Agreement for any proposed/stipulated
sidewalk or water/sewer construction or services
3. Jurisdictional Authority- Internal Street:
a. There are discrepancies in the submitted materials as to whether the internal
street is to be private or public and subject to NCDOT subdivision road
construction requirements. The applicant needs to clarify this.
4. Plans:
a. Prior to issuance of the above permit and encroachments, the applicant will need
to submit complete engineering plans per NCDOT requirements for review an
approval.
Planning Date: 1/11/2024 Staff: Ashley Moncado
amoncado(c orangecountync.gov
1. Label the existing stream buffer as 65 feet.
2. Provide a note referencing recreational facilities payment in lieu fees shall be paid
towards Eno Chapel Hill Community Park District before final plat approval.
3. Site Analysis sheet shall be drafted based on Section 7.13.2(A)(3), including the labeling
of Primary and Secondary open space areas. In addition, a design process checklist, as
contained in Section 7.12.8(B), shall be provided from the applicant. A template has
been attached for reference.
4. Landscape buffers shall be identified on the concept plan per Section 6.8.6.
5. The application for this project proposed a public road, however, the concept plan
identifies a private 50 foot right of way. Please confirm with staff if the proposed road is
public or private. If private, additional review comments may be provided from staff.
Solid Waste Date: 1/16/2024 Staff: Matt Taylor
Mtaylor(a)orangecountync.gov
127
1. Provide road width dimensions for the street and radius/diameter dimensions for the
proposed street and cul-de-sac to ensure that OC Solid Waste Recycling collection
trucks can be accommodated for recycling collection.
Stormwater Nathan Jacobsen
Management Date: 1/16/24 Staff: Nlacobsen(a�orangecountync.gov
515 745-5894
1. A Stormwater Management Plan will be required if the proposed disturbance exceeds
21,780 sq. ft. Proposed project appears to exceed this threshold.
2. In excess of one acre, which the proposed project appears to exceed, filing a Notice of
Intent and compliance with the State's Erosion Control NCG01 permit is required.
Transportation Date: 01/16/2024 Staff: Darlene Weaver
Services
1. In accordance with UDO section 7.2.2 (A). (2). Minor subdivision we request
sidewalks.
2. Orange County Complete streets policy provide opportunities for all travel modes
especially bike, pedestrian and transit. i.e. sidewalks.
3. Orange County Vision Zero Policy- provide opportunities for all travel modes
especially bike, pedestrian and transit. i.e. sidewalks.
128
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575
Development Advisory Committee (DAC) Comments
DAC review comments and recommendations do not constitute plan or permit approval for this application
and/or replace any other plans and permits that may be required by other County departments and State
agencies.
Project: SUB23-0098 Lawrence Road Partners, LLC
Location/PIN: 9883-19-4355
Applicant: Jim Parker
Staff Planner: Ashley Moncado, Planner III
DAC Meeting Date: 2/15/2024
Addressing and Britney Pendleton
Land Records Date:- 2/8/24 Staff: brpendleton(a orangecount r�gov
919-245-2576
1. KELSEY COURT has been- approved and reserved for SUB23-0098, Lawrence Road
Subdivision - BP
James Bryan
Attorney's Office Date: Staff angecountync.gov
919-245-2319
No comments received.
Building Michael Rettie
Inspections Date: 2/5/24 Staff: mrettie(a)_orangecountync.gov
919-245-2604
1. Any construction activity regulated under the NC State Building Codes will require
permitting.
Chris Hirni
DEAPR Date: Staff: chirni(c)-orangecountync.gov
919-245-2514
No comments received.
Environmental Victoria Hudson
Health Date: 02/12/24 Staff: vhudson(a)-orangecountync.gov
919-245-2365
1. No comments. Septic and well Permits required.
Erosion Nate Jacobsen
Control Date: 2/9/24 Staff: niacobsen(a)orangecountync.gov
919-245-2580
1. A Land Disturbing Permit will be required for the proposed project due to cumulative
disturbance of the home lots.
129
Fire and Life Elizabeth Farnan
Safety Date: Staff: efarnan(a_)orangecountync.gov
919-245-6153
1. Any private hydrants or water sources will require permitting from the Fire Marshal.
Chuck Edwards
NCDOT Date: Staff: cnedwards(a)ncdot.gov
336-570-6833
No comments received.
Ashley Moncado
Planning Date: 2/7/24 Staff: amoncado(a)-orangecountync.gov
919-245-2589
Application and Review Process
1. Provide a completed application with Property Owner's signature and new PIN, once the
recombination plat is recorded.
2. Recommend resubmitting a revised Concept Plan application to reflect the new PIN and
proposed 15 lot subdivision, not 17 lots, once the recombination plat is recorded.
3. A copy of the Preliminary Plat indicating the Health Department's soils analysis
approval/denial for each lot shown thereon.
4. Encourage the submittal of auxiliary documents, in draft form, prepared in accordance
with Article 7 of this Ordinance which ensure completion and/or maintenance of
improvements required by this Ordinance, including, but not limited to: homeowner's
association articles of incorporation, and homeowner's association restrictive covenants.
Preliminary Plat
1. The location of any existing curbs, gutters and culverts. These features shall also be
shown in cross section.
2. The location and size (if appropriate) of above ground installations of major electric,
CATV and telephone transmission lines, underground gas transmission mains,
underground water mains and sanitary sewer lines, and important storm sewer systems
on or abutting the tract shall be shown. If there are none, please provide noting stating
as such on the plat.
3. Relabel "Drainage Easements" to "Drainage and Access Easements".
4. Label Stormwater Control Measures (SCM) on the plat.
5. Proposed streets, pavement or travel way widths shall be denoted as well as typical
roadway cross sections. The approximate centerline radius shall be shown on all
proposed streets.
6. Label "Pedestrian Open Space Area" as identified on the preliminary plat.
7. Provide a note referencing recreational facilities payment in lieu fees shall be paid
towards Eno Chapel Hill Community Park District before final plat approval.
8. Add the following information to the plat:
• Site is located within the Lower Eno Unprotected Watershed District.
- Impervious Surface Limit: N/A
- Erosion Control: Permit required when disturbing over 20,000 sq. ft.
- Stormwater: Permit required when disturbing over 21,780 sq. ft.
9. This portion of the parent tract and the southern stream are located within the Lower Eno
Unprotected Watershed, which requires a 50-foot stream buffer. Please note, the 50 ft.
regulated stream buffer on the plat and concept plan.
130
Matt Taylor
Solid Waste Date: 2/8/24 Staff: mtaylor(@orangecountync.gov
919-918-4905
1. Add in roadway widths and cul de sac radius to determine access for waste collection
vehicles.
Stormwater Nate Jacobsen
Management Date: 2/9/24 Staff: niacobsen(c)-orangecountync.gov
919-245-2580
1. A Stormwater Management Plan will be required due to cumulative disturbance from the
home lots.
Transportation Darlene Weaver
Services Date: 2/13/2024 Staff: dweaver(c)-orangecountync.gov
919-245-2002
1. In accordance with Orange County Complete Street and Vision Zero Policy we request
applicants provide opportunities for all travel modes especially bike, pedestrian, and
transit. i.e. Sidewalks
131
From: Edwards,Charles N
To: Ashley E. Moncado; Elizabeth Farnan; Nishith Trivedi;Matthew Taylor;Christian Hirni
Cc: Steve Kaltenbach;Christopher Sandt
Subject: RE: [External]DAC Memo-SUB23-0098(Williams Glen)and SUB24-0001(Stonewall)
Date: Wednesday,February 21,2024 9:58:19 AM
Attachments: imaae003.pna
Ashley,
NCDOT has previously provided comments to DAC on these submittals. NCDOT has no
additional comments at this time.
C. N. Edwards Jr., PE (Chuck)
District Engineer
North Carolina Department of Transportation
Division of Highways
Division 7, District 1
336 570 6833
cnedwardsCc�ncdot.gov
115 East Crescent Square Drive
P. O. Box 766
Graham, NC 27253
F
132
MEMORANDUM
TO: DEVELOPMENT ADVISORY COMMITTEE
FROM: MATT TAYLOR,ORANGE COUNTY SOLID WASTE MANAGEMENT
SUBJECT: SUB23-0098
DATE: 2-27-2024
1. ADD IN ROADWAY WIDTHS AND CUL DE SAC RADIUS TO DETERMINE ACCESS
FOR WASTE COLLECTION VEHICLES.
133
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.24S.2575
MEMORANDUM
TO: Cy Stober, AICP — Director, Planning & Inspections Department
FROM: Patrick Mallett, Deputy Director Development Services
CC: Christopher Sandt, PE — County Engineer, Planning & Inspections; and
Steve Kaltenbach, Erosion Control and Stormwater Supervisor
DATE: February 28, 2024
CASE: SUB23-0098
PIN: 9883-19-4355
WATERSHED: Lower Eno Protected and Lower Eno Unprotected (Neuse River Basin)
PROJECT: Williams Glen (formerly Lawrence Road)
SUBJECT: Summary of Findings Regarding Conformance with Orange County
Unified Development Ordinance (UDO) for Erosion & Sedimentation
Control and Stormwater Management
This memo summarizes the Development Services Erosion Control and Stormwater
Management Division's (hereafter, the "Division's) assessment of the submitted
application for a Major Subdivision Concept Plan (SUB), submitted as the "Williams Glen"
project (hereafter, the "project"). The project is located within 28.17 acres of property
located along Lawrence Road and US HWY 70A.
The request proposes development consisting of:
■ New 15-lot flexible subdivision (residential)
■ New public entrance road (50-ft right-of-way)
The Staff comments contained herein are based upon a Subdivision Plan dated October
30, 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 the Site Plan.
Erosion & Sedimentation Control (E&SC):
Based on the submitted materials for the proposed development, the project could meet
the Erosion and Sedimentation Control requirements as required by Orange County UDO
Section 6.15 and could be developed as generally proposed. The proposal will also
Page 1 of 2
Orange County Government I www.orangecountync.gov 1 919.732.8181
134
require an Army Corps PCN 404/401 application for stream buffer impact and issuance
of Orange County buffer impact authorization certificate for the planned stream crossing.
Stormwater Management:
The submitted materials indicate a level of development that could meet current UDO
requirements specific to stormwater management. Five (5) permanent Stormwater
Control Measures (SCMs) are proposed; specifically, "SCM #1", "SCM #2", "SCM #3",
"SCM #4" and "SCM #5". Only the general locations and preliminary calculations for the
proposed SCMs have been provided, with no supporting calculations. The project will
need to meet applicable stormwater management requirements as outlined in Section
6.14 of the Orange County UDO and must be 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 SUB application so long as a
complete LDP application and supporting plans and calculations are submitted for review,
processing, and approval prior to commencement of on-site Land-Disturbing Activity. As
the project progresses, additional field observations, additional permitting by others (e.g.,
US Army Corps of Engineers, NC 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
SUB application.
Christopher Sandt, PE Date
<6"C I , 2/28/24
Steve Kaltenbach Date
Page 2 of 2
135
Ak 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: March 18, 2024
CASE: SUB23-0098
PIN: 9883194355
WATERSHED: Lower Eno, Lower Eno Protected
PROJECT: 17 lot subdivision; 15 lots to be served by new public road, 2 lots to
be served by private road approved as part of SUP23-0009.
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 flexible subdivision plan,
submitted as the "Williams Glen" project (hereafter, the "project"). The project is
located within 84.9 acres of property on Lawrence Road, Hillsborough. The request
proposes development consisting of:
• Application is proposing to subdivide parcel into 17 lots in conjunction
with SUP23-0009.
The Staff comments contained herein are based upon the submittal of a required Site
Plan, dated October 30, 2023, and posted for review on February 23, 2024. 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 subdivision is one involving preliminary
determination of soil suitability for septic systems and available space for private
water supply wells.
136
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.
Existing EH records are attached.
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 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(a)_orangecountync.gov.
�A ` Wav" 03-18-2024
Victoria Hudson, MPA, REHS Date
Or designee