HomeMy WebLinkAboutMinutes - 19671204BOOK 7 PAGE 68
MINUTES OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS
December 4, 1967
The Orange County Board of Commissioners met in regular session on Monday,
December 4, 1967 in the Commissioners' Room at the Courthouse ir. Hillsborough,
North Carolina.
Members Present: Chairman Harvey Bennett and Commissioners William C. Ray,
Car1,M. Smith, Henry S. Walker and Ira A. Ward.
The minutes of the previous meetings were read and approved after corrections
were made.
Harry Palmer, Senior Research Regional Planner, and Robert E. Strayhorn,
member of the County Planning Hoard were present to discuss with the Board
the proposed amendments to the Chapel Hill Township Zoning Ordinance. The
following were presented:
"AMENDMENT TO CHAPEL HILL TOWNSHIP ZONING ORDINANCE
ADOPTED DECEMBER 4, 1967
APARTMENTS
Section 6 Table of District Provisions
6.1 Permitted Uses
"Dwelling Units" amended to read "Single Family Dwelling Units."
Add "Duplex or Multi-Family Dwelling Units (as permitted in
Section 10.)
Section 10.2 Duplex or Multi-Family Dwelling Units
The Orange County Board of Adjustment shall he empowered to
issue Duplex or Multi--Family Dwellina Unit Permits when it
shall make the following findings:
10.2.1 That the minimum lot area required shall be one acre per
dwelling unit proposed, provided however:
10.2.1.1 That if a soil survey of the proposed lot has been con-
ducted and an interpretation prepared by the Orange Soil
and Water Conservation District, its designated representative,
or other authority acceptable to the Orange County Board of
Adjustment, and if the lot shall meet the requirements of
Section 6.2.2.2, then the minimum lot area may be reduced
to fifteen thousand (15,000) square feet per dwelling unit.
10.2.1.2 Or that, where an adequate stream crosses the lot, and where
subject to written approval by the Division of Hydrology and Stream
Sanitation of the N. C. Department of Water and Air Resources,
an extended aeration plant shall be used to dispose of sewage,
the minimum lot area may be reduced to 15,000 square feet per
dwelling unit.
10.2.1.3 Or, that where sewage is to be disposed of by means of a
municipal sewerage system, the minimum lot size may be
reduced to 107000 square feet per dwelling unit.
10.2.2 That the minimum lot (or site) width shall be 150 feet.
Minimum lot widths shall be measured at the setback line, or
at the building line only if the building line equals or
exceeds the minimum required setback distance.
10.2.3 That the minumum side yard, within which no structure shall
be located, shall be 20 feet, exclusive of all streets,
driveways, and parking areas.
10.2.4 That the minimum rear yard within which no structure shall be
located, shall be 25 feet, exclusive of all streets, drive-
ways, and parking areas.
10.2.5 That the minimum setback, within which no structure shall be
located, shall be 90 feet of the centerline of abutting main
traveled roadways, or within 35 feet of highway right-of-way lines,
whichever is less, but in no case less than 30 feet from any
roadway right-of-way line.
1,H K % 7 PACE 69
=_.2.6 rl't two off-stra:et narking spaces. be provided for each dwelling, unit
end so located thr,t the rn,Icc-s for each unit can be reac'r.ed without
mgvih?_ vehicles from another unit.
:.2.7 ihet the location, spacing, design, and landscaping of buildings and
other site imrrovements lea adequate for the health and safety of the
re id:mts nrlpropric+te for the site and in the Lest interests of good
community development.
10.2.8 ThF.t 'wrtcr and zewnrage dis;:osnl systems be approved in writing by
the District riealth Officer.
13.2.9 That all plans, specifications, elevations, and other matoriz%ls required
by the 6or:rd of Adjustment to ma,-.e its findings shall be su:mitted
-s the 3o&rd shall deem necessary. The Board of Adjustment shall
impose such Ceasonc:ble and :;ro.riate terms, conditions, safeguards and
requirements upon the.issuance of a Duplex Multi-Family Dwelling
permit as it may deem rccrs;ary to protect the public and neighbcring
-Iroperty owners agAinst adverse effects, including a requirement that
thcrr 'e no violation of the a•aove findinrs.
:Vhenever the 3oLrd of Adjustment shall determine that ?!:ny of the
terms, conditions, safeguards and requirements upon the issuance of a
Du .l ax or Multi-Family Dwelling Permit, after notice of Such violation
has been given the permit holder by the Zoning Officer, the Board of
Adjustment may revoke said permit. In every case of revocation of a
Multi-Family Dwelling Permit, the multi-famzly dwelling or dwellings
for which the permit we-s issue-.d shall automatically be in violation of
this ordinance.
Section 16 Definitions
Add:
Duplex: A single building,.which contains or is intended to contain
two (2) dwelling Units.
Multi-Family Dwelling Unit: A single building which contains or
is intended to contain more than two (2) dwelling, units."
Discussion ensued concerning said amendments.
L'1on motion of Commissioner Smith, seconded by Commissioner Ward, it
moved that the Amendment To Chapel Hill Township Zoning Ordinance be
o Zed.
FOR THE ORDINANCE TO REGULATE THE SUBDIVIDION OP LAND IN CHAPEL'HILL TOWNSHIP
SEE PAGES 70 THROUGH 84.
BooK 7 PACE 70
AN ORDINANCE TO REGULATE
THE SUBDIVISION OF LAND IN
CHAPEL HILL TOWNSHIP, ORANGE COUNTY,
NORTH CAROLINA
Adoeted December 4. 1967
SECTION 1. PURPOSE AUTHORITY JURISDICTION
A. PURPOSE
It is the purpose of this ordinance to provide for the orderly,
efficient and economic development of Chapel Hill Township by providing
for the coordination of streets, highways and other public facilities
within proposed subdivisions with existing or planned streets and
highways or other public facilities; for the dedication or reservation
of rights-of-way or easements for streets, utilities and other public
facilities; and for the distribution of population and traffic which
will avoid congestion and overcrowding and which will promote conditions
% essential to public health, safety and the general welfare.
- B. AUTHORITY
The County of Orange hereby establishes and adopts these regulations
governing the subdivision or resubdivision of land pursuant to the
authority granted it by the General Statutes of North Carolina,
Chapicr 153. Article 20A, Chapter, 39, Articles 5 and 5A and Chapter 47,
Article 2, Section 30.
1 C. JURISDICTION
These regulations shall govern the subdivision or resubdlvislon
of land within the territorial limits of Chapel Hill Township; provided
that such regulations shall not apply to that area within the subdivi-
sion regulation jurisdiction of the Towns of Chapel Hill and Carrboro.
SECTION II-. DEFINITIONS
Unless otherwise stated the following words shall, for purposes of
this ordinance, have the following definitions. Words .used in the present
tense shall be understood to include the future tense. Words used in the
singular shall be understood to include the plural.
ALLEY - Any strip of land publicly or privately owned, less than 24
feet in width between property lines. set aside for public vehicular
right-of-way to adjoining properties.
CUL-DE-SAC - A short street having but one end open to traffic and
the other end being permanently terminated by a vehicular turnaround.
LOT - A piece, parcel or plot of land intended as a unit for the
transfer of ownership or for development.
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BOOK 7, PAGE 71
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LOT, DOUBLE FRONTAGE - A lot of the same depth as the width of a
block containing two tiers of lots and which is accessible from both
of the streets upon which it fronts.
GROUP DEVELOPMENT - One or more principal structures built _on a single
lot, tract or parcel of land and designed for occupancy by more than
one separate family, firm, business or other enterprise.
STREET - A way for vehicular traffic whetiwr designated as a street,
highway., thoroughfare, parkway, throughway, freeway, road, avenue,
boulevard, lane, place or however otherwise designated.
STREET, ARTERIAL - A street connecting widely separated areas and
designed to carry a large volume of traffic which may be fast, heavy
or both. Arterial streets are sometimes referred to as "major
thoroughfares," "freeways," "expressways," etc., and are usually
numbered State or Federal Mighways.
STREET, COLLECTOR - A street which carries traffic from minor streets
to the major system of arterial streets, including the principal
entrance streets of a residential development and streets for
circulation within such a development. Collector streets may also
be referred to as "connector" or "feeder" streets.
STREET, MARGINAL ACCESS - A minor street which is parallel to and
adjacent to arterial streets, and which provides access to abutting
properties and protection from through traffic. Marginal access
streets may also be referred to as "service roads."
STREET, MINOR - A street whose primary function is to provide access
to abutting properties and is designed to discourage use by through
traffic. Minor streets may also be referred to as "neighborhood'
streets.
SUBDIVIDER - Any person or persons, firm or corporation subdividing
land within the jurisdiction of this ordinance.
SUBDIVISION - A "subdivision" shall include all divisions of a tract
or parcel of land into two or more lots, building sites, or other
divisions, for the purpose, whether immediate or future, of sale or
building development, and shall include all divisions of land involv-
ing the dedication of a new street or a change in existing streets;
provided,'however, that the following shall not be included within
this definition nor be subject to the regulations authorized by this
article: (1) the combination or recombination of portions of
previously platted lots where the total number of lots is not
increased and the resultant lots are equal to or exceed the standards
of the township as shown in•its subdivision ordinance; (2) the
division of land into parcels greater than five acres where no
street right-of-way dedication is involved; (3) the public acquisition
by purchase of strips of land for the widening or opening of streets;
.(4) the division of a tract in single ownership whose entire area is
no greeter than two acres into not more than three lots, where no
street right-of-way dedication is involved and where the resultant
lots are equal to or exceed the standards of the county as shown in
its subdivision ordinance.
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BOOK 7 PAGE 72
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SECTION 111. PROCEDURE FOR PLAT APPROVAL
111 - A. APPROVAL NECESSARY
111 - A - 1. Subsequent to the effective date of this ordinance, no land
within the subdivision regulation jurisdiction of Orange County
shall be subdivided or resubdivided and offered for sale or. a
plat thereof recorded by the Orange County Register of Deeds
until a Sketch Plan, a Preliminary Plan and a Final Plat have
been approved as herein provided.
III - A - 2. Plans of group developments for housing, commercial, industria
or other uses, or for any eombinatlon of uses designed for rental
purposes shall be submitted in the same manner as other plats for
approval.
III - B. SKETCH PLAN
111 - B - 1. Prior to the filing of a Preliminary Plan, seven (7) Copies of
a Sketch Plan may be submitted to the Orange County Administrator
for review and recommendation by the Planning Board. The Sketch
Plan may in simple sketch form show the proposed layout of
streets, lots and other features in relation to existing conditior
i The Sketch Plan should include the following:
111 - B - 1 - a. The approximate location and boundary lines of the
property being subdivided and the approximate location of all
property lines intersecting the boundary of the pruperty.
III - B - 1 - b. The approximate location of water courses on the property.
III - B - 1 - c. The approximate location. names and right-of-way widths
of existing streets in the vicinity of the property.
111 - B - 1 - d. The type water supply and waste disposal system proposed.
III - B - 2. it is the express purpose of the Sketch Plan to assist the
subdivider prior to extensive site planning and work necessary
for the preparation of a Preliminary Plan and Final Plat as herein
required.
111 - B - 3. The Planning Board shall approve or disapprove the Sketch Plar
within thirty-six (36) days after its receipt by the Board.
Failure of the Board to act within the thirty-six (361 day period
shall be deemed as approval of the said plan.
III - C. PRELIMINARY PLAN
III - C - 1. Seven (7) copies of a Preliminary Plan of a proposed subdivi-
sion shall be submitted to the County Administrator for approval
by the Planning Board within thirty-six (36) days of receipt of
the said copies; the Planning Board shall approve or disapprove
the Preliminary Plan. Failure of the Planning Board to act in
the thirty-six (36) days shall ba dewed as approval of the said
plan; provided that the subdivider may waive this requlreugat and
.
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consent to an extension of the said periods of time. one (1)
copy of the Preliminary Plan, accompanied by a notification of the -
action of the Planning Board, shall be returned to the subdivider.
Tentative approval shall be valid for one (1) year.
111 - C - 2. Subsequent to and In accordance with the tentative approval
of the Preliminary Plan, the subdivider may proceed with the
preparation of a Final Plat for all or a portion of the proposed
subdivision.
_ I11 - C -.3. The requirement of a Prelininary Plan may be waived by the'
Planning Board for minor subdivisions provided that (1) no new
streets are proposed and (2) no improvements are required to be
installed by the subdivider according to the provisions of this
ordinance.
Ill - C - 4. The Preliminary Plan shall be drawn to the following
specifications and shall contain or be accompanied by the follow-
ing information:
I I I - C.- 4 - a: An index or location map clearly establishing the
location of the proposed subdivision with readi-ly recognized
county landmarks. Three (3) copies of the Orange County
Tax Map on which the land to be subdivided is shown, may be
submitted i,n lieu of the index map.
III - C 4 - b. An accurate drawing of the boundaries of the proposed
subdivision and the location within said subdivision, or
adjacent to it, of existing streets, railroad lines, water
courses, easements or rights-of-way of record or other
significant features. The scale of the drawing or plan shall
be no smaller than one (1) inch equals two hundred (200) fact,
and no larger than one (1) inch equals fifty ($0) feet.
111 - G - 4 - c. The location and size of existing sewer and water lines,
culverts, or other subsurface structures, and buildings
within the proposed subdivision or adjacent to it.
111 - C - 4 - d. Original contours at vertical intervals of not less than
five ($) feet. These contours shall be referenced to mean
sea level datum when a bench Park is within two thousand
(2,000) feet of the subdivision. Where such a bench mark is
not available, the contours shall be referenced to some
pertinent and permanent recognizable landmark or identifiable
point. This requirement may be waived by the Planning Board
where the size and topography make such information unnecessary
III - C - 4 - e. The location and widths of proposed streets, alloys,
crosswalks and easements and the location of proposed building
setback lines, lot lines or other property lines and, where
possible, flood lines.
III - C - 4 - f. The location of proposed water lines, sanitary and storm
water arwers, drains and culverts with grades and sized
indicated.
iRR 7 FACE 74
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111 - C - 4 - g. The type of proposed street right-cf-way Improvements
and proposed water supply and waste disposal systems,
including necessary plans therefor.
111 - C - 4 - h. The location and extent of all parcels of land intended
to be dedicated for public use or reserved in individual deeds
for the use of all property owners in the proposed subdivision
or reserved in any manner for any other purpose, together
with a statement of purpose of such conditions, limitations
or reservations.
I I I - C - 4 -'1. The name of the proposed subdivision; the name of the
owner or subdivider; the name of the surveyor, engineer or
designer; the names of proposed streets and the names of
adjoining subdivisions or property owners. The plan shall
bear the title of "Preliminary Plan," in large letters.
111 - C - 4 - J. Date, graphic scale and north arrow.
111 - C - 5. As required by G.S. 153-266.4, the following agencies shell
be given an opportunity to review the Preliminary Plan of a •
proposed subdivision and to make recommendations prior to the
approval of said plan:
111 - C - 5 - a. The District Engineer of the Highway Commission as to
proposed streets, highways and drainage systems..
III - C - 5 - b. The District Director as to proposed water and sewerage
systems (waste disposal systems).
111 - C - 5 - C. The Superintendent of the appropriate school district as
to proposed school sites.
111 - D. FINAL PLAT
111 - D - 1. The Final Plat of a proposed subdivision shell be submitted
to the Planning Board for final approval. The Final Plat,
together with seven (7) copies thereof, shall be submitted to the
County Administrator twelve (12) days prior to a regularly
scheduled Planning Board meeting. Formal action approving or
disapproving the plat shall be taken by the Planning Board'within
thirty-six (36) days from the date of the said meeting at which
it is first considered. Failure of the Planning Board to approve
or disapprove the Final Plat within the said thirty six (36)
days shall be deemed as approval of said plan and a certificate
shall be issued by the Planning Board on demand; provided that
the subdivider may waive this requirement and consent to the
extension of the thirty six (36) day period. If the final plat
is disapproved, the reasons for disapproval shall be stated upon
the records of the Planning Board.
III - D - 2. The approval of the Final Plat of a subdivision shall not
be deemed to constitute or effect the acceptance by Orange County
or the public of the dedication of any street or other grount,
public utility line or other public facility shown on said plat.
a
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Applitation.for such acceptance, where appropriate, may be made
to the Board of Commissioners subsequent to the filing and
recordation of said plat.
111 - 0 - 3. Subsequent to the approval of the Final Plat, said approved
plat shall be returned to the subdivider. Approval of the Final
Plat shall be subject to the condition that said plat is offered
for filing and recordation in the Register of Deeds of the
County of Orange within sixty (60) days from the date of final
approval.
III - 0 - 4. Only after filing and recordation of the approved Final Plat
may the subdivider sell lots.
111 - D - 5. The Final Plat shall be prepared by a surveyor or engineer,
either of whom must be registered by the State of North Carolina.
Said plat shall be drawn in arcerdanee with the approved
Preliminary Plan, the'requirements of G.S. 47-30 and of this
ordinance and shall show or contain the following information:
111 - 0 + 5 a. Final plats shall be drawn in waterproof ink on tracing
cloth on sheets of the following sizes: either (a) 9" x 15",
(b) 12'' x 18•' or (c) 18 x 24". When more than one sheet is
required to include the entire subdivision, all sheets shall
be of the same size and shall show appropriate notch marks
on each sheet and appropriate references to other sheets of
the subdivision. The scale of the plat shall be at vne (1)
Inch equals one hundred (100) feet, or one (1) inch equals
fifty (50) feet, whichever is most appropriate in the
determination of the Zoning Officer.
111 - 0 - 5 - b. A notarized certificate, signed by the engineer or
surveyor, stating that the attached plat and subdivision was
made on the order of the owner, mentioned by name, and that
the subdivision is entirely within the boundaries of the
tract of land conveyed to said owner, setting out the date
and record of his deed whereby the owner obtained title. Said
certificate shall attest the accuracy of the work.
111 - 0 - 5 - C. A notarized certificate, signed by the owner of the land
subdivided, attesting the fact that he is the owner of the
property; that he ordered such plat work and subdivision of
land to be done; that said property is located within the
subdivision regulation jurisdiction of the County of Orange,
that all public streets, alleys and open spaces so designated
therein are hereby dedicated for such use and will be main-
tained until such time as the maintenance responsibility is
accepted by some governmental authority or responsible agency;
and that all public and private easements shown therein are
duly granted for the uses stipulated.
111 - 0 - 5 - d. A reference to and copy of approved plans and specifica-
tions for proposed improvements shown on the preliminary plat,
regardless of whether or not the proposed improvements may be
required by this ordinance.
BOOK "J PACE 76
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111 - D - 5 - e. All dimensions, both linear and angular, necessary for
locating the boundaries of the subdivision, lots, streets,
alleys, crosswalks, easements and other areas for public or
private use, building and flood setback lines and block and
lot numbers. Linear measurements are to be expressed in
feet and hundreths thereof and angular measurements by
bearings in degrees, minutes and seconds. The linear error
of closure shall not exceed one (1) foot per 5,000 feet
(1;5000). Angular error of closure shall not exceed thirty
(30) seconds times the square root of the number of angles
turned. Plus or minus distances will not be approved.
III - D - 5 - f. Name of the subdivision which name shall not duplicate
the name of any existing subdivision as recorded in the
Register of Deeds: name of owner or owners, township, county
and state; engineer or surveyor and registration number.
graphic scale, north arrow accurately positioned and
designated as to magnetic, true north or North Carolina
Coordinate System Grid, and date of survey shall be shown.
111 - D = 5 • g. Names and right-of way widths of all proposed and adjoin-
ing streets and alleys with angle of departure, radii,
tangent, are or chord distance, central angle and chord
bearings.
111 - D - 5 - h. Where deemed necessary to the proper understanding of a
proposed subdivision or development plan, centerline profiles
of streets may be required.
III - D - 5 - 1. Name of abutting recorded subdivisions. Abutting acreage
not subdivided shall be designated as "Lands."
III - D - 5 - j. The accurate location and description of all monuments.
III - D - 5 - j - 1. A space shall be provided on the face of the Final
Plat not less than 3 inches by 3 inches, for the
impression of a Final Approval Stamp. Said space shall
be free from any lettering or drawing and in the case of
a blueprint shall be blocked out to print white.
III - E. ENDORSEMENTS
111 - E - 1. Certificate of Im rovements. If the required improvements
are completed prior to the submission of the final plat, the
following certificate shall appear on the plat over a blank line
provided for the signature of the County Administrator:
"Know all men by these presents, that I hereby certify that
on this the day of 19_, all streets 11 and alleys shown on this plat have been graded and storm drains
have been Installed by the subdivider In an approved manner."
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Bo-OK 7 PACE 77
If the required improvements are not completed prior to the
submission of the final plat, one of the two fol'_owing certifi-
cates shall appear on the plat over a blank line provided for
the signature of the County Administrator.
tll - 6 - 1 - a. "Know all man by these presents, that I hereby certify
that a surety bond of a satisfactory amount has been posted
with Orange County by the subdivider, guaranteeing that
construction of all improvements shown on the approved
preliminary plat will be completed as thereon provided within
days from date hereof
- 111 - E - 1 - b. 'Know all men by these presents, that I hereby certify,
this the day of 19
that the specifications for street grading and drainage
improvements for the group housing development shown on this
plat being (financed or insured) under regulations of the
United States government are equal to or of a higher standard
than required by the subdivision regulations of Chapel Mill
Township."
III - E - 2. Planning Board and Board of County Comnissioners_Endorse_me_nts
The plat shall show the following form for Planning Board and
Board of County Commissioners endorsements:
"Provided that this plat be recorded within 60 days of final
approval; Recommended by Planning Board (date)..
Chairman. Approved by Board of County
Commissioners date
Chairman.
SECTION IV. REOUI_RED MINIMUM DESIGN STANDARDS
IV - A. The avoidance of congestion and overcrowding and the creation
of conditions essential to public health, Safety and the general
welfare may best be accomplished through the application of design
standards providing for the distribution of population and traffic.
safe and coordinated street systems, approved water supply and
sewage disposal systems, usable lots and the conformity with plans
for Orange County as approved by the Planning Board and adopted by
the Board of Commissioners.
IV - B. The following general requirements and principles of land
subdivision shall be-observed:
IV - B - 1. STREETS
IV - B.- 1 - a. The provision'of street rights-of-way shall conform to
and meet the requirements of such major thoroughfare plan
for Orange County as may be approved by the Planning Board
and adopted by the Orange County Board of Commissioners,
from its date of adoption. provided that a subdivider shall
not be required to provide or dedicate right-of-,ay for a
proposed street to which yccess would be prohibited by any
governmental agency.
8o75 7 PAGE 78
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IV - 0 - 1 - b. The proposed street 'ayeut shell be coordinated with
the existing street system of the surrounding area. Where
possible, proposed streets shell be the extension of existing
streets.
IV - B - 1 - c. Streets shall meet the Minimum construction standards
as adopted by the Highway Commisslon for acceptance of
streets as additions to the State Highway System but shall
be no less than the following:
IV - 0 - 1 - e - (1) Widths - Right-of-ray widths, measured from lot line
to lot line, shell be as wide as existing streets extend-
ed but in no case shall said widths be less than the
following:
Street Type Re uired Ri ht-of-Wa Width
in feet
Arterial Streets 90
Collector Streets 70
Minor Streets 60
Marginal Access Streets 60
Cul-de-sacs 60
IV - 0 - 1 c - (2) Partial Widths - A partial width right-of-way, not
less thanr0 -feet width, may be dedicated when adjoin-
ing undeveloped property; provided that the width of a .
partial dedication be such as to permit the installation
of such public facilities as may be necessary to serve
the lots abutting thereon. When said adjor-ting undevel-
oped property is subdivided, the remainder of the full
required right-of-way width shall be dedicated.
IV - 0 - 1 - c - (3) Grades - Proposed streets shall be adjusted to the
contours of the land so as to produce streets having
gradients which provide for safety. proper drainage and
usable lots. Unless exception is granted as provided in
In Section V11 herein, street grades shall not exceed
eight (8) per cent. Grades for all streets shall not be
less than 0.5 per cent. Grades approaching street inter-
sections shall not exceed five (5) per cent for a distance
of not less than one hundred (100) feet from the center-
line of said intersection.
IV - 0 - 1 e - (L) Intersections - Streets shall be laid out so as to
intersect as nearly as possible at right angles and no
street shall Intersect any other street at an angle less
than sixty (60) degrees. Property line radii at street
intersections shall not be less than twenty (20) feet and
where the angle Is less than seventy-five (75) degrees, a
greater radius may be required.
IV - 0 - 1 - e - (5) Offsets - Unless exception is granted as provided in
Section VII herein, an offset in the alignment of a
street across an intersection she 11 not be permitted.
5FR 7 PACE 79
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IV - a - 1 - c - (6) Curves - Horizontal and vertical curves shall be
designed by the subdivider according to the standards
of the Highway Commission and in the interest of public
safety and general welfare. Factors to be considered, '
among others, shall be the type and-importance of the
street, sight distance, anticipated traffic volume and
design speed.
IV - B'- 1 -..e -(7) Cul-de-sacs - Unless exception 1s granted as provided
in Section Vil herein, cul-de-sacs shall not be more than
eight hundred (800) feet in length. The vehicular turn-
around shall have a street right-of-way diameter of one
.hundred (100) feet. Cul-de-sacs shall not be used to
avoid connection with an existing street or to avoid the
extension of an important street.
IV - B - 1 - G - (8) Marginal Access Streets - Where a subdivision abuts
or contains an arterial street, whether existing or
proposed, a marginal access street may be'required.
IV - B - 1 Reverse Frontage - Reverse frontage may be required
along arterial streets where deemed necessary for
adequate protection of residential properties.
IV - B - 1 - e -(10) Reserve Strips - Unless exception is granted as
provided in Section VII herein, reserve strips controll-
ing access to streets shall not be approved.
IV - a - 1 - e -(I1) Street Names - Names of streets which will duplicate
or be confused with the names of existing streets within
Chapel Hill Township, including the Town of Chapel Hill,
G zhall not be approved. Extensions of existing and named
streets shall bear the name of such existing street.
House numbering shall comply with standards adopted by
the Planning Board.
IV - B - 1 - e -(12) Street _Name _Siyns - Approved street name signs
shall be erected by the subdivider at the intersection
of streets.
IV - B - 2. ALLEYS
IV - 8 - 2 - a. Alleys shall be required to serve lots used for commercial
and industrial purposes except that this requirement may be
waived where other definite and assured provision is made for
service access. Alleys shall not be provided in residential
subdivisions unless necessitated by unusual circumstances.
IV - 8 - 2 - b. The width of an alley shall be twenty (20) feet.
IV - 8 - 2 - c. Dead-end alleys shall be avoided where possible, but if
unavoidable, shall be provided with adequate turn-around .
facilities at the dead-end as may be approved by the Planning
Board.
soox 7 PACE 80
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IV - B - 3. BLOCK LAYOUT
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IV - B - 3 - a. Length - Blocks along all types of streets shall not
exceed twelve hundred (1200) feet.
IV • B - 3 - b. Width - Blocks shall be wide enough to allow two (2)
tiers of lots where possible.
IV - B - 4. LOT LAYOUT
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IV - B - 4 - a. The shape and oridntation'of lots shbiI be apprcpftate
for the location of the subdivision and'the devbfopment
intended. Commercial and industribl'lots. sha11 be of
sufficient size to include off-street service facilities,
and off-street parking of all vehicles used by all patrons
and employees.
IV - B - 4 . b. Every lot shall abut a publicly dedicated street. Except I
where reverse frontage is required, double frontage lots
shall be avoided.
IV - B - 4 - c. Side lot lines shall be substantially at right angles
to straight street lines and radial to curved street lines. j
IV - B - 4 - d. All lots shall conform to each and all the requirements
of the Chapel Hill Township Zoning Ordinance for the zoning
district in which they are located.
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IV - B - 4 - a. Property lines at corners of all intersecting streets
shall be rounded as provided in Section IV subsection 8-3
herein.
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IV - B - 5. UTILITY EASEMENTS
Except where utilities may be located in approved alleys, i
easements not less than six (6) feet in width may be required on
each side of rear and side lot lines. Easements of greater width,
not to exceed twenty-five (25) feet may be required along said
lot lines or across lots for the extension of existing or planned
utilities such as poles, wires, conduits, storm or sanitary
sewers and water or gas lines. Easements along natural water
courses may be required upon recommendation of the Highway
Commission. Easements shall be determined with due consideration j
to the practical physical difficulty which may be effected. I
IV - B - 6. SITES FOR PUBLIC USE
IV - B - 6 - a. School Sites
IV - B - 6 - a - (1) Proposed dedications for school sites shall be y
approved as to location, size and suitability by the
appropriate School. Board.
IV -•B - 6 - a - (2) Where the appropriate Board of Education has i
approved a tract of land for a proposed school site or
the extension of an existing school facility and where
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BOOK 7 PACE 81
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the property owner has been notified of such approval
prior to the consideration of the Preliminary Plan by
the Planning Board, the subdivider shall reserve.the
proposed school site for a period of not more than
ninety (90) days from the date of approval of the
Preliminary Plan.
IV - B - 6 - b. Proposed dedications for parks, playgrounds and open
-- spaces for public use shall be approved as to location,
size and suitability by the Planning Board. The approval
of a Final Plat with an approved dedication shall not be
- deemed to constitute an acceptance as provided in Section 111,
subsection D-2 herein.
SECTION V. IMPROVEMENTS
Before a Final Plat of a subdivision shall be approved, improvements
shall be provided as follows:
V - A. STREETS
V - A - 1. Grading and Paving - Street rights-of- way shall be graded
in accordance with the lines and grades shown on the approved
Preliminary Plan and in accordance with the requirements of this
ordinance and the Highway Commission; provided that all minimums
shall be as follows:
Street Type Minimum Graded Width Minimum Paving
Width
(in feet) (Curb face to Curb
face)
Arterial and Collector 52 36
Minor Streets 48 32
Marginal Access Streets 42 26
Alleys 20 20
Minimum paving widths shall apply wherever paving shall be
provided by the developer,
V - A - 2. Base - Streets shall have a compact all-weather base meeting
the requirements of the Highway Commission for acceptance to the
State Highway System.
V - A - 3. Proposed Improvements - Improvements, proposed by the.
subdivider and exceeding that required by paragraphs a and b
hereinabove, such as street pavement, curb and gutter and side-
walk, shall be constructed in accordance with the standards and
requirements, for acceptance, of the Highway Commission;
provided that where said improvements are to be constructed
subsequent to the approval of the Final Plat, plans and specifica
lions for said improvements shall be approved by the Highway.
Commission and reference to said improvements shall be made a
part of the Final Plat as provided in Section 111, Subsection
0-5-e herein.
Bix 7 PACE 82
-13-
V - B. SURFACE WATER DRAINAGE
V - B 1. Required Drainage - An adequate drainage system shell be
designed and installed by the subdivider in accordance with good
engineering practice and standards of the Highway Commission.
Said drainage system shall remove surface water without undue
damage to street rights-of-way and properties. Conditions
contributing to the breeding of insects harmful to health and
life shall be avoided. Storm drainage easements shall be
required where necessary.
V - B - 2. Proposed Drainage - The installation of any part of a '
drainage system which Is necessary because of proposed improve-
ments as set forth in subsection 1, paragraph a and b of this
section may be installed subsequent to the approval of the Flnef
Plat; provided that plans and specifications of said improvements
shall be approved by the Highway Commission and reference to
sold improvements shall be vA& a part of,the Final Plat as
provided in Section 111, Subsection D-S-e herein.
V - C. WASTE DISPOSAL
V - C - '1. Provision shall be made for waste disposal for each lot
platted for sale or development as follows;
V - C - 1 - a. Plans for a proposed public or community sewerage system
shall be approved by the District Health Director and the
Division of Hydrology and Stream Sanitation of the N. C.
Department of Water and Air Resources. Said system shall be
completed according to the approved plans; provided that
where said improvements are to be installed or constructed
subsequent to the approval of the Final Plat, plans and
specifications for said improvements shall be approved by
the District Health Director and the Division of Hydrology
and Stream Sanitation, and reference to said improvements
sball be made a part of the Final Plat as provided in
Section 111, Subsection D-5-e herein.
V - C - I - b. Where individual on-site waste disposal systems are
proposed, such systems shall be approved as provided by the
Chapel Hill Township.
V - C - 2. It is the intent of this ordinance to discourage the use
of septic tanks or other on-site means of sewage disposal by
absorption into the soil on lots which are unsuitable for such
means of sewage disposal. Where a soil survey and interpretation
shall disclose that one or more lots in a proposed subdivision
have severe limitations for septic tank use, the Planning Board
shall require that sewage must be disposed of by means other
than on-site absorption into the soil.
V - D. WATER SUPPLY
V - D - 1. Plans for proposed community water supply systems shall be
approved by the District Health Director. Said system shall be
• completed according to the approved plans; provided that where
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BOOK 7 PACE " 83
said improvements are to be Installed or constructed subsequent
to the approval of the Final Plat, plans and specifications for
said improvements shall be approved by the District Health
Director and reference to said improvements shall be made a part
of the Final Plat as provided in Section 111, Subsection D-5-e
herein.
V - D.- 2. It is the intent of this ordinance that lots not served by
a public or approved community crater system shall have individual
water supplies approved as provided by the Chapel Hill .Township
Zoning Ordinance.
V - E.. MONUMENTS - Permanent type monuments of stone or concrete and
markers shall be accurately placed according to C.S. Chapter 39,
Article 5A and the following:
V - E - 1. Monuments shall be placed at all corners In the exterior
boundary of the proposed subdivision.
V - E 2. At least two (2) monuments designated as "Control Corners"
shall be placed in each block for the control of that block.
V.- E - 3. Monuments shall be set at least twenty four (24) inches in
depth. The dimensions shall be no less than four (4) inches at
the top and six (6) inches at the bottom. Such monument shall
have a non-corrosive metal plate or pin in the top to mark the
location of the designated point.
V - E - 4. At least one "Control Corner" shall be accurately tied to
a monument of some U.S. or State Agency Survey System as required
by C.S. Chaptar 47, Article 2, section 30.
V - E - 5. All corners, other than those narked by monuments, shall be
marked by metal stakes set no less than eighteen (1$) inches
in depth.
SECTION V1. GROUP'OEVELOPMENT
VI - A. The foregoing requirements of this ordinance may be modified or
waived by the Board of Commissioners on the recommendation of the
Planning Board in the case of group developments for residential,
commercial, industrial or other uses, provided that departures from
this ordinance are. made without destroying the spirit and intent
herein prescribed.
VI - B. In the case of group housing developments underwettten or
constructed by federal funds where the Planning Board finds that
specifications for improvements are equal to or of a higher standard
than required by this ordinance and other County regulations for
land use and construction, the final plat may be-approved prior
to conviction of improvements.
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BOOK 7 PACE 84
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SECTION V11. VARIANCES
The Planning Board may approve a variance as fellows:
VII - A. Where the subdivider can show that any provision of this
ordinance would cause unnecessary hardship If it is strictly
adhered to.
VII - B. Where, in the judgment of the Planning Beard. there are
topographical or ether conditions peculiar to the site which
justify or require a variance from the strict interpretation of
the ordinance.
VII -.C. That such variance shall not destroy the Intent and purpose of
the ordinance.
VII - D. Any variance thus approved is to be stated in the minutes of
the Planning Board with the conditions and reasoning on which the
variance was authorized.
SECTION VIII. SEPARABILITY OF PROVISIONS
It is the intent of the Board of Commissioners in enacting this
ordinance that, if any portion, clause, or sentence of this ordinance
shall be deemed invalid or unconstitutional, such declaration of invel-
ldity shall not affect the remaining portions of this ordinance.
SECTION IX. CONFLICT WITH OTHER LAWS ORDINANCES OR REGULATIONS
Wherever the provisions of any other law, ordinance or regulation
impose higher standards than are required by the provisions of this
ordinance, the provisions of such law, ordinance or regulation shall
govern.
SECTION X. VIOLATIONS
No person, who being the owner or agent of the owner of any land
located within the jurisdiction of this ordinance,'shall transfer or
sell any interest in any property within a proposed subdivision except
as shown on such subdivision plat and by express reference thereto and
after approval of such plat as herein provided and after same has been
recorded in the office-of the Orange County Register of Deeds, provided
that nothing herein shall prevent anyone from making any transfer of
property the finality of which is conditioned upon the final approval,
of and recording of the subdivision plat. Any person, firm or corpora-
tion who violates the provisions of this section shall be guilty of a
misdemsenor. The description by metes and bounds in the instrument of
transfer or other document used In the process of selling or transferring
shall not exempt the transaction from such penalties. The County,
through its attorney or other designated official, may enjoin such trans-
fer or sale by action for injunction. Each and every day's violation of
any section or provision of this ordinance shall constitute a separate
and distinct offense. For purposes of this ordinance a violation begins
from the date of recording or the first sale of property from the
subdivision in question, whichever occurs first.
SECTION X1. EFFECTIVE DATE
This ordinance shall be In full force and effect on and after the
date of its adoption by the Orange County Board of County Commissioners.
BOOK 7 PAGE 85
Discussion ensued concerning said regulations.
Upon motion of Commissioner' Smith, seconded by Commissioner Ray, it was
moved that An Crdinance To Regulate The Subdivision Of Land in Chapel Hill
Township, Orange County, North Carolina be adopted.
It was agreed that a public hearing on the reduction in lot size be
scheduled for December 28, 1967 at 7:30 p.m. at the courthouse in Hillsborough.
The following recommendations were presented by Robert E. Strayhorn
relative to requests made at the public hearing held on November 15, 1967:
The Planning Board unanimously recommends that Mr. James R. Farlo4.:s
rezoning request he denied.
Upon motion of Commissioner Ward, seconded by Commissioner Walker, it was
moved and adopted that the recommendation of the County Planning Board be
approved.
The Planning Board unanimously recommends that Mr. Clyde Bowden's five (5)
acre tract of land be rezoned to a Mobile Home Far} District with the stipulation
that no more than twenty five (25) Mobile Homes be allowed on the said five (5)
acres.
Upon motion of Commissioner Walker, seconded by Commissioner Ward, it was
moved and adopted that the recommendations of the County Planning Board be
approved.
In other action the Planning Board approved a minimum lot size amendment
and an amendment to permit extension of Board of Ad;ustment members' terms of
office.
Lawrence Alley, Engineer, presented a progress report and stated the
problems which were arising in the construction of the water and sewerage
line to the Piedmont Tubing Factory. He stated that the pump station should be
installed within the next month. He requested permission to reduce the
retainers £ee,now being held on those companies who are installing the water
and sewerage line and who did install the water tank,from ten per cent (10%) to
five per cent (5%) upon the completion of the testing of the installed facilities.
Upon motion of Commissioner Ward, seconded by Commissioner Walker, it was
moved and adopted that Lawrence Alley, Engineer, be granted permission to release
five per Cent (5%) of the retainers fee after the completion of the testing of
the installed water tank and water and sewerage lines.
Discussion ensued concerning the presentation of Graham Portraits which
had been held on December 2, 1967 at the Orange County Courthouse with the
Honorable Leo Carr, Judge of the 15th Judicial District presiding. It was agreed
that this ceremony should be recorded in the court minutes for Orange County and
for reference to same see Minute Doc:.et 12 Page 37.
Upon motion of Commissioner Walker, seconded by Commissioner Smith, the
following resolution of appreciation was adopted and the clerk was instructed
to forward a copy of same to the Honorable A. F. and Mrs. A. H. Graham:
RESCLUTION
WHEREAS, William Alexander Graham and John Washington Graham had long and
illustrious careers at the Crange County Bar; and
WHEREAS, Mrs. Alexander H. Graham, of Hillsborough, has, through her
generosity, presented to the Board of Commissioners of Orange County extremely
handsome portraits of each of these illustrious men which were painted by Mrs.
Graham's niece, Miss Frances Everett, of Suffolk, Virginia; and
WHEREAS, these portraits were gratefully accepted by the Board of
Commissioners and are hanging in the courtroom in Hillsborough, and whereas,
thev will enhance the beauty of the courtroom and aid in the preservation
of a part of our history;
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the
County of Orange, State of North Carolina, do hereby express to Dirs. Graham
the gratitude of the Hoard of Commissioners and the people of Orange County
for these generous gifts.
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon
the minutes of this meeting and a copy presented to Mrs. Graham as an
expression of our gratitude.
Upon motion of Commissioner Ray, seconded by Commissioner ::'ard, Chairman
Bennett was authorized to sign the following termination to Aid To The Blind
Grant for Garland Suitt effective November 1, 1967 by reason of his committment
to an institution.
B06K 7 PAGE 86
Upon motion of Commissioner Ray, seconded by Commissioner Walker, the following
persons were appointed to the Orange County Extension Advisory Board for a three (3)
year term:
Mr. Albert Blackwell, Route 2, Box 144, Hurdle Mills, N. C.
Mr. 'Ailey Perry, Route 2, Mebane, N. C.
Mr. Clem Johnson, Box 898, Hillsborough, N. C.
Mr. Frank Miller, Route 2, Hillsborough, N. C.
Mrs. Herbert Brann, Glenn Heights, Chapel Hill, N. C.
The County Administrator advised the Board that no definite proposal
for ambulance service had been presented to orange County. He stated, however,
that there would be one ambulance service who would be submitting a bid.
Grange County, from surveys, is far below the national average on the number
of ambulance calls received.
Chairman Bennett read from the Grand Jury report the requests made therein
that the kitchen o£ the jail be painted this Spring.
The County Attorney advised the Board that his firm had received no reply
from the New York Bond Attorneys concerning the legal matters involved in
establishing the Dogwood Acres Sanitary District.
Upon motion of Commissioner Walker, seconded by Commissioner Smith, the
following tax li_sters for 1963 were appointed:
Little River Township
Cedar Grove Township
Cheeks Township
Hillsborough Township
Eno Township
Bingham Township
Chapel Hill Township
Mrs. Robert Murray
Joe Compton
Mrs. Henry Heath
R. J. Smith, Jr.
Mrs. J. D. Griffin
Mrs. Evelyn Tear
L. R. Cheek
Commissioner Ward reported on the Joint meetino which he and Commissioner
Ray attended relative to the Orange-Person Mental Health Program. He stated
that an application for a Federal Grant was signed and submitted, but that in
his opinion the administration of grant monies had not been spelled out, other
than, it should be administered by the fiscal officers of the County. It was
agreed that the County Administrator should arrange a meeting of all the
concerned agencies in order that a. solution as to the administration of these
funds might be reached.
There being no further business to.come before the Board said meeting
was adjourned to meet again on Tuesday, December 12, 1967.
Harvey D. Bennett
Chairman
Betty June Hayes, Clerk
S. M. Gattis, Acting Clerk
MINUTES OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS
December 12, 1967
The Board of County Commissioners of Orange County met in the office of
Commissioner Smith in Chapel Hill at 8 P.M. on Tuesday, December 12, 1967.
Members Present: Chairman Harvey Bennett, and Commissioners William C. Ray,
Carl M. Smith, Henry S. Walker and Ira A. Ward.
Members Absent: None
This meeting was held for the purpose of discussing with Tom Hulfish and
Dave Srumback, Officers of the Durham Ambulance Service, the possibility of this
company to render County wide ambulance service after December 31, 1967. Discussion
ensued concerning said matter.
Upon motion of Commissioner Ward, seconded by Commissioner Smith, it was moved
and adopted that the county offer Walker's Funeral Home a supplement of $257000.00
for the continuation of ambulance service in the county for a period of one year.
There being no further business to come before the Board said meeting was adjourned.
Harvey D. Bennett, Chairman
Betty June Hayes, Clerk
S. M. Gattis, Acting Clerk
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