HomeMy WebLinkAboutRES-2026-046- Major Subdivision Preliminary Plat Application – Rigsbee Attachment 4
Resolution # : RES -2026 - 046 htf 7 /q/a(p
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date : July 9 , 2026
Name of Subdivision : Rigsbee Estates
Owner : Carolyn Rigsbee
1922 Orange Chapel - Clover Garden Rd
Chapel Hill , NC 27516
Applicant: Forestar Group , Inc .
8041 Arco Corporate Drive
Suite 110
Raleigh , NC 27617
The Board of County Commissioners hereby approves the Rigsbee Estates Preliminary
Subdivision Plat , containing the following :
• 43 lots for single -family residential development with an approximate density of
one ( 1 ) dwelling unit per every 1 . 42 acres of land area ;
• Two paved public roadways , tentatively named "Weldon Way" and " Carolyn
Crossing " constructed to North Carolina Department of Transportation ( NCDOT)
public road standards , and three private roadways , tentatively named ItKaymin
Drive , " " Bodhi Court , " and " Brayden Grove " constructed to Orange County
Unified Development Ordinance ( UDO ) private road standards ; and
• The preservation of 35 . 34 acres of Primary and Secondary Common Open
Space , as denoted on the Preliminary Plat .
Per the Orange County UDO , the applicant shall construct , maintain and /or improve all
Common Open Space areas until such time as it is accepted for ownership and
maintenance by a recorded Homeowner' s Association ( HOA) .
Before a Final Plat of part or all of the lots in Rigsbee Estates can be approved by the
Planning Department and recorded within the Orange County Register of Deeds office
the following conditions shall be addressed :
A . Declaration of Restrictions
1 . The owner/applicant shall author a Declaration of Restrictions ( hereafter
`the document' ) establishing and describing the various development
restrictions , standards , conditions , and requirements associated with
development of, and within , the project .
The document shall be recorded concurrently with the Final Plat and
approved , as to form and content , by Orange County .
2 . The document is not intended to serve , supplant , or take the place of any
document recorded by the applicant establishing local homeowner
covenants , or deed restrictions enforced by either the applicant or an
established homeowners association .
B . Environmental Health Compliance
1 . Each residential lot shall comply with wastewater and water design and
performance standards , as reviewed and permitted by the Orange County
Division of Environmental Health . The well and septic system locations
may restrict the size and location of construction on the lots .
Each lot that does not contain a suitable building site shall be designated
both on the Final Plat and by instrument recorded in the Orange County
Register of Deeds as restricted for development potential .
2 . The owner/applicant shall not destroy trees located within designated
landscape buffers denoted on the Final Plat for the installation of on -site
wastewater disposal system drain or repair fields .
3 . The Owners shall include in the restrictive covenants provisions requiring
each lot owner to have the septic system serving their lot inspected by a
licensee of the North Carolina On - Site Wastewater Contractors and
Inspectors Certification Board , who is properly registered to perform such
inspections within Orange County , no less than one ( 1 ) time in every five
( 5 ) year period ( unless inspections are required more often by rule or
regulation of the Orange County Health Department) and to have the
system pumped if recommended by the inspector .
Payment for the inspections required under this condition shall be the
responsibility of the individual lot owner or the homeowner' s association
as established by the governing Homeowner' s Association declaration .
These provisions shall be in a form approved by the County Attorney ,
D . Roads and Access
1 . All public roads shall be constructed to the standards of the NCDOT in
accordance with the approved Preliminary Plat . Construction shall be
inspected and approved by NCDOT . All private roads shall be constructed
to the standards of the UDO in accordance with the approved Preliminary
Plat . Construction shall be inspected and certified by a licensed engineer .
Any posted financial guarantee ( s ) for road construction will not be
released until the roads are inspected and approved by NCDOT and
Orange County , as appropriate .
2 . Prior to any construction or alteration of any existing access within the
right- of-way of NC Highway 54 W, the owner/applicant shall secure a
driveway permit from the NCDOT District Office and submit a copy of the
NCDOT-approved permit and NCDOT approval letter to the Planning
Department .
G . Landscaping
1 . The landscape buffers identified on the approved Preliminary Plat , shall be
maintained and /or preserved in perpetuity in accordance with the
provisions of Section 6 . 8 of the UDO . The document , as well as any local
covenants , shall require the applicant or future homeowners association to
preserve the required landscape buffer as a commonly- held amenity of the
subdivision .
2 . Provision for protection of existing trees shall be included in the Final Plat ,
the recorded Declaration of Restrictions , and identified on all construction
drawings .
H . Parkland
1 . At the time of recordation of the Final Plat , the applicant shall pay to
Orange County $ 18 , 146 . 00 ($422 . 00 per 43 lots ) payment- in - lieu - of-
parkland dedication fee , as required by the UDO .
I . Construction Authorization
1 . No construction or other land disturbance activities shall occur to realize
this subdivision without first procuring permission from the appropriate
local , state , and federal permitting authorities .
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plat for Rigsbee Estates is approved in accordance
with the above mentioned conditions and attached Preliminary Plat .
Upon motion of Commissioner , seconded by Commissioner
the foregoing resolution was adopted this the qPI day of ,
2026 .
I , Laura Jensen , Clerk to the Board of Commissioners for the County of Orange ,
North Carolina , DO HEREBY CERTIFY that the foregoing is a true copy of so much of
the proceedings of said Board at a meeting held on 0 , 2026 as relates
in any way to the adoption of the foregoing and that said p oceedings are recorded in
Minute Book No . of the minutes of said Board .
=Clerkto
hand and the seal of said County , this day of , 2026 . ¢ �a
d of Commissioners
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