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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 I/7 52 4 art S i 3 9 i Ei� I i { E E i i I 2 t 1 (4t t 2 l