ATTACHMENT 3

RESOLUTION A

(Approving Application)

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR ESTATES AT OXFORD SUBDIVISION (File No. 9777-64-2202)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Estates at Oxford Subdivision, proposed by Andrew Greene, on the property identified as Orange County Parcel Identifier Number 9777-64-2202, if developed according to the preliminary site plan dated March 26, 2007 and revised August 16, 2007, and the conditions listed below, would comply with the provisions of the Land Use Management Ordinance:

These findings are based on the following:

Stipulations Specific to the Development

  1. Expiration of Preliminary Plat:  That this Preliminary Plat approval shall be valid for one year from the date of approval subject to reapproval by the Town Manager in accordance with the provisions of the Land Use Management Ordinance.
  2. Number of Lots:  That this approval shall authorize the creation of 4 single-family lots on 24.2 acres.
  3. Consideration of a Sprinkler System for Each House:  That the applicant be encouraged to consider providing each house with a residential sprinkler system meeting the requirements of Section 13D of the National Fire Protection Association Standards.
  4. Notes on the Final Plat and Homeowners’ Association Documents: That notes be placed on the final plat and on Homeowners’ Association documents to be recorded in the Orange County Register of  Deeds Office alerting potential property owners that until annexation, no water/sewer lines can be extended to serve these lots for fire protection and other purposes.

    5. Transportation, Access, and Circulation

  5. On-Site Road Improvements:  That a 20-foot wide road within a 50-foot wide right-of-way, with no curb and gutter, shall be built to Town Standards for residential street.
  6. Sidewalk Improvements:  That a 5-foot wide concrete sidewalk shall be built along one side of the new street and constructed to Town standards. Sidewalk for the new street shall be located within a private pedestrian easement and shall be maintained by the Homeowners’ Association.
  7. Public Improvements That the Homeowners’ Association or NCDOT shall be responsible for the maintenance of the internal streets.  The Homeowners’ Association shall be responsible for maintaining the sidewalk along the new street.
  8.  Driveway Restrictions: That no new vehicular ingress or egress shall be allowed to/from Smith Level Road.  The existing driveway from Smith Level Road (on Lot #3) shall be closed prior to issuance of a Certificate of Occupancy for said lot.  The existing driveway from Dogwood Acres (on Lot #4) shall be closed prior to issuance of a Certificate of Occupancy for said lot, unless the property owner obtains a vehicular access easement from the property owner of the lot adjacent to the north to allow access from Lot #4 to Dogwood Acres Drive.
  9. Pavement Marking Plan: That the applicant submits a signage and pavement marking plan to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The signs and pavement markings shall be installed by the applicant prior to issuance of the first Certificate of Occupancy for a structure on the new lots.

    10. Recreation

  10. Payment-in-Lieu for Recreation Requirements:  That the applicant provide a payment-in-lieu of providing a minimum of 42,253 square feet of recreation area for this development. The payment amount shall be reviewed and approved by the Town Manager in accordance with the Land Use Management Ordinance, Section 5.5.2. The recreation payment amount shall be submitted to the Town prior to recordation of the final plat.

    11. Landscaping

  11. Landscape Buffer and Planting Plan: That the applicant shall provide a 20-foot wide Type-C buffer along the two Smith Level Road frontages.  A landscaping planting plan for the bufferyard shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit
  12. Landscape Bufferyard Maintenance and Ownership:  That prior to the recordation of the final plat the applicant shall provide, for Town Manager review and approval, a deed conveying to the Homeowners’ Association the 20-foot wide bufferyard.  The deed and Homeowners’ Association document shall note that the landscape bufferyards are owned, controlled, and maintained by the Homeowners’Association.  The deed shall be recorded concurrently with and cross-referenced on the recorded plat.
  13. Landscape Protection Plan:  That a  detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and indicating significant tree stands, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  14. Tree Protection Fencing:  That the limits of land disturbance and tree protection areas be indicated with tree protection fencing and shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

    15. Resource Conservation District

  15. Boundaries:That the boundaries of the Resource Conservation District be indicated on the final plat and plan.  A note shall be added to all final plats and final plans, indicating, “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Land Use Management Ordinance.”
  16. Construction Standards:  That for encroachment(s) into the Resource Conservation District, the requirements and standards of Section 3.6.3(g) of the Land Use Management Ordinance, including minimization of land disturbance, and all other applicable Resource Conservation District regulations must be adhered to.
  17. Variances:That all variances necessary for development within the Resource Conservation District are obtained before application for final plat or final plan approval for the subject phase(s) of development.  No lot shall be created that would require a Resource Conservation District Variance in order to be built upon. 
  18. Buildable Lots:  That all residential construction, including clearing, grading and construction shall be located entirely outside of the Resource Conservation District.  Prior to the issuance of a Zoning Compliance Permit, it must be demonstrated for each lot that there is sufficient buildable area outside: the Resource Conservation District, significant tree stands, slopes of 25% or greater, easements, and building setback limits.

    19. Stormwater Management

  19. Land Disturbance Activity Prohibited in the Resource Conservation District and Bufferyards:  That all required erosion control sediment basins and all stormwater improvements, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District, outside the approved bufferyards areas, and shall not impact the root systems of any significant trees.
  20. Stormwater Facility Prohibited in the Public Right-of-Way:  That all detention/retention basins, stormwater facilities, including residential stromwater control features, and associated infrastructure be located outside of existing or proposed right-of-way as well as outside of building setbacks.
  21. Drainage Channel from the Bio-retention Basin:  That the applicant provide a design for a stabilized drainage channel with velocity control on the downstream side of the proposed bio-retention basin.
  22. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall demonstrate compliance with the stormwater management requirements for water quality, peak rate, and volume in accordance with Section 5.4 Stormwater Management of the Town’s Land Use Management Ordinance.  Specifically, all engineered stormwater facilities shall be designed to achieve 85% Total Suspended stormwater runoff  from the first 1-inch of precipitation; the post-development stormwater runoff volume leaving the site shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event; and the post-development peak runoff rate shall not exceed the pre-development peak rate for the 1-year, 2-year, and 25-year frequency, 24-hour duration storm events
  23. Best Management Practices: That the applicant shall employ Best Management Practices, such as drainage swales and level spreaders, to manage the rate and quality of runoff, based on best available information from the NC State University Cooperative Extension. Bio-retention areas shall be designed in accordance with the standards specified in the Engineering Design Manual and the Land Use Management Ordinance.  Final design and locations shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  
  24. Stormwater Facility Easements: That all stormwater detention, treatment, and conveyance facilities located on and below the ground shall be wholly contained within an easement entitled “Reserved Stormwater Facility Easement” and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions.  The Reserved Stormwater Facility easement shall be shown on the appropriate plan sheet(s). The “Reserved Stormwater Facility Easement Hereby Dedicated,” shown on the final plat or easement exhibit, signed and sealed by a North Carolina–registered Land Surveyor and recorded by the County Register of Deeds, and containing the following notes, shall be submitted prior to issuance of the Certificate of Occupancy. 
    1. All engineered stormwater management control, treatment, and conveyance structures on and below the ground shall be wholly located within an easement entitled:"Reserved Stormwater Facility Easement Hereby Dedicated" and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions.
    2. Unless specifically designated as being "Public" and accepted by the Town of Chapel Hill, the "Reserved Stormwater Facility Easement(s)" and the facilities it/they protect(s) are considered to be private, with the sole responsibility of the owner to provide for all required maintenance and operations as approved by the Town Manager.
    3. The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the owner, heirs, successors, and assignees.
  25. Stormwater Operations and Maintenance Plan:  That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall include a statement of the owner's financial responsibility and include an inspections and maintenance schedule  to ensure that the facilities continue to function as originally intended.  Prior to issuance of a Certificate of Occupancy, the Stormwater Operations and Maintenance Plan, signed by the owner and recorded by the County Register of Deeds, shall be provided for the proposed stormwater management facilities and submitted to the Stormwater Management Engineer for approval.  The Stormwater Operations and Maintenance Plan shall be referenced in the Homeowners’Association documents.
  26. Residential Stormwater Impact Statement:  That for each lot, a stormwater impact statement addressing stormwater management, on a lot-by-lot basis, must be reviewed and approved by the Town Manager prior to the issuance of a Single Family Zoning Compliance Permit for said lot. Residential stormwater facilities on individual lots must be within a stormwater drainage easement and covenants shall be provided for the maintenance of the facilities.  A note to this effect shall be placed on the final plat and final plans.
  27. Inlet Hood/Cover Stenciling:  In lieu of stenciling, all new Town and State right-of-way and private curb inlet hoods/covers installed within the Chapel Hill Planning Jurisdiction shall be pre-cast stating, “Dump No Waste!  Drains to Jordan Lake”, in accordance with the specifications of the Town Standard Detail D-5A.
  28. Erosion and Sediment Control Plan: That a detailed soil erosion and sedimentation control plan for the site and the off-site utility work, including provision for monitoring  and maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. 
  29. Land Disturbance Bond:  If one (1) acre or more is uncovered by land-disturbing activities for this project, then a performance guarantee shall be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to final authorization to begin land-disturbing activities. This financial guarantee is intended to cover the costs of restoration of failed or failing soil erosion and sedimentation controls, and/or to remedy damages resulting from land-disturbing activities, should the responsible party or parties fail to provide prompt and effective remedies acceptable to the Town.
  30. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

    31. Steep Slopes

  31. Steep Slopes That all Final Plan applications, including the Single-Family Zoning Compliance Permits, shall demonstrate compliance with the steep slopes regulations in the Land Use Management Ordinance.  The application shall include a plan showing residential building areas and street segments on slopes of 10% or more.  The plan shall indicate how the development and construction will comply with the steep slopes regulations in the Land Use Management Ordinance including:
    1. for slopes of 10 – 15%, site preparation techniques shall be used which minimize grading and site disturbance;
    2. for slopes of 15 – 25%, demonstrate specialized site design techniques and approaches for building and site preparation; and
    3. for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering or environmental aspects of the site.

    Prior to the issuance of a Zoning Compliance Permit the Town Manager shall approve a steep slope plan. Steep slope restrictions shall be referenced in the Homeowners’ Association documents.

    Water, Sewer, and Other Utilities

  32. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Energy, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
  33. Placement of Utility Lines Underground: That except for three phase electrical distribution lines, all new or relocated utility lines shall be placed underground.
  34. Orange County Health Department Approval:  That the final plans and final plat be reviewed for approval by the Orange County Health Department regarding water well and septic tank/field locations for each lot prior to the issuance of a Zoning Compliance Permit and prior to recordation of the final plat.    

    35. Homeowners’Association

  35. Homeowners’Association: That a Homeowners’ Association be created that has the capacity to place a lien on the property of a member who does not pay the annual charges for maintenance of bufferyards, sidewalks, and the common stormwater facility designed to capture the stormwater from the new street. The Homeowners’ Association documents shall be approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and shall be cross-referenced on the final plat.  The Homeowners’ Association documents shall comply with Section 4.6.7 of the Land Use Management Ordinance.

    36. Miscellaneous Stipulations

  36. State or Federal Approvals That any required state or federal permits or any required encroachment agreements  must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
  37. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  38. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle and pedestrian traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  39. Work Zone Traffic Control Plan:  That a Work Zone Traffic Control Plan, indicating how motorized and nonmotorized vehicular traffic, as well as pedestrian traffic, will be managed on any public street that will be disrupted during construction.
  40. Solid Waste Management Plan:  That a Solid Waste Management Plan, including provisions for recycling and minimizing construction debris, and a pre-demolition and pre-construction meeting shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  41. Solar Collection Devices:  That the homeowners association, or similar entity, shall not include covenants or other conditions of sale that restrict or prohibit the use, installation, or maintenance of solar collection devices including clothes lines.
  42. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
  43. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.
  44. Certified As-Built Plans: That prior to issuance of the first Zoning Compliance Permit authorizing land disturbance, the applicant shall provide certified as-built plans for street improvements, storm drainage systems, stormwater management structures, and all other impervious surfaces.  On a per-lot basis, prior to issuance of Certificates of Occupancy, the applicant shall provide as-built plans for stormwater management structures, building footprints, driveways, and all other impervious surfaces.  The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88.
  45. Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
  46. Single Family Zoning Compliance Permit:  That prior to the issuance of a building permit for each individual lot, the applicant obtain a Single-Family Zoning Compliance Permit.  We have included this as a stipulation in Resolution A.
  47. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

    48. If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete.  No Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

  48. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of the commencement of any land disturbing activities. The construction sign may have a maximum of 4 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
  49. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificates of Adequacy of Public Schools prior to recordation of the final plat.
  50. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
  51. Non-severability:That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Preliminary Plat for the Estates at Oxford Subdivision in accordance with the plans and conditions listed above.

This the _____ day of _______________, 2008.