ADOPTED RESOLUTION

A RESOLUTION APPROVING AN APPLICATION FOR A PRELIMINARY PLAT FOR THE BRADLEY RIDGE CLUSTER SUBDIVISION (2008-02-25/R-3a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Bradley Ridge Cluster Subdivision, proposed by Millennium Commercial Properties, LLC, and Habitat for Humanity Orange County, on the properties identified as Orange County Parcel Identifier Numbers 9880-96-7441; 9890-06-0413; 9890-06-3350; 9890-06-5926; 9890-06-6312; and 9890-16-0437 if developed according to the preliminary site plan dated July 5, 2007 and revised January 14, 2008, and the conditions listed below, would comply with the provisions of the Town Design Manual and the Land Use Management Ordinance and specifically with the following cluster development requirements from Section 3.8.8(b) of the Land Use Management Ordinance:

  1. The tract proposed for cluster development is at least two (2) acres in size;
  2. Public, separate water supply and sewerage connections are available for every subdivided lot;
  3. The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by multiplying the total gross land area by the maximum density established in Section 3.8 for that zoning district;
  4. The recreation area within the tract shall conform to the recreation area standards of Section 5.5; and
  5. The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in Section 5.5.  Only the minimum recreation area reservation required in Section 5.5 may be dedicated outside the boundaries of the land being subdivided as specified in Section 5.5.2.

Stipulation 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 63 single-family lots on 37.2 acres.
  3. Annexation into Town Limits:  That prior to final plan approval the property owners shall submit a valid voluntary annexation petition for this property to permit the Town Council to annex the property.

    4. Affordable Housing

  4. Provision of Affordable Housing:  The applicant shall comply with the affordable housing provisions of Section 3.8.6.1. 

    5. That prior to Town approval of a plat for recordation of the new lots, the applicant shall provide, for Town Manager review and approval, deed restrictions guaranteeing the affordability component of the development.  The deed restrictions must, at a minimum:

    1. Include 31 of the housing units in Bradley Ridge Development as long-term affordable housing;
    2. Offer for sale all of the units to households earning at or below 80% of the area median income.  These units must remain affordable for at least ninety-nine years; 
    3. Require that the units be sold over a ninety-nine year period only to households that earn 80% or less than the area median income.
    4. That the affordable lots shall be identified as lots 1-31 on the final plat

    That these restrictions shall be recorded and cross referenced on the final plat.

  5. Delay Construction on Lots 12 and 13:  That the Town Manager shall approved a phasing plan that delays the issuance of building permits for lots 12 and 13 until such time that at least 80% of the building permits have been issued for the other affordable lots.  Prior to construction on these lots, there shall be a stream re-determination conducted, and these lots shall be subject to any restriction resulting from the re-determination. 

    6. Transportation

  6. Sunrise Road Improvements:That the applicant shall:
    1. Improve Sunrise Road, between the site’s north and south property lines, to provide two 12-foot wide travel lanes, the Town standard, or to the North Carolina Department of Transportation standards, whichever is greater;
    2. Construct 11-foot left turn lanes for both the northbound and southbound directions on Sunrise Road to access the Carol Woods driveway and the site entrance;
    3. Improve the entire east side Sunrise Road frontage, from the northern property line to the southern property line, with standard curb and gutter, a 5-foot wide bicycle lane, a five-foot wide sidewalk, and a three-foot utility strip; and
    4. Dedicate right-of-way to a minimum of one-foot behind the sidewalk, or to NCDOT standards, whichever is greater.

    The final design shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit and the improvements shall be constructed prior to the issuance of the first Certificate of Occupancy.

  7. Sidewalk between Sweeten Creek Road and Ginger Road: That where adequate right-of-way is available that the applicant shall improve the east side of Sunrise Road, from Sweeten Creek Road to Ginger Road, with standard curb and gutter, a 5-foot wide bicycle lane, a five-foot wide sidewalk and a three-foot utility strip.
  8. Sunrise Road Sight Distance Triangle: That the final plans and plat include sight distance triangles at the Sunrise Road/proposed development intersection.
  9. Weaver Dairy Road/Sunrise Road Intersection Improvements:That prior to recordation of the final plat, the applicant shall provide a payment-in-lieu of $5,000 for a traffic signal at the Weaver Dairy Road/Sunrise Road intersection. 
  10. Encroachment of Lot Lines into Ginger Road:  That prior to recordation of a plat that includes lots lines encroaching into the existing Ginger Road right-o-way, it will be necessary for the applicant to obtain County approval to abandon the entire width of Ginger Road, between Sunrise Road and Amesbury Drive.
  11. Revised Lot Lines Along Ginger Road:  That unless the County approves the abandonment of the Ginger Road right-of-way, between Sunrise Road and Amesbury Drive, encroachment of lot lines into the right-of-way is prohibited.
  12. Access from Ginger Road Prohibited: That vehicular access to any residential lot created by this subdivision, with frontage along Ginger Road, is prohibited.
  13. Access from Amesbury Drive Prohibited:  That the use of Amesbury Drive for vehicular access between the proposed development and the Chandler Green neighborhood is prohibited prior to the completion of all infrastructure improvements for the entire development, or until the 30th Certificate of Occupancy is issued, whichever occurs later.   
  14. Internal Streets:  That all new internal streets shall be built to Town local road standards with a minimum 27-foot wide road, measured from back of curb to back of curb, with 30-inch wide curb and gutter within a 45-foot wide public right-of-way.  The final design and construction of the roadway will be reviewed and approved the Town Manager prior to the issuance of a Zoning Compliance Permit. 
  15. No-Parking Signs:  That  the applicant shall install No Parking signs, restricting parking to one side only of  the internal streets.  That the final design and location of the signs shall be reviewed and approved by NCDOT and or the Town, whichever is applicable.  That the signs shall be maintained by the Homeowners Association until such time that the area is annexed into the Town limits. 
  16. Traffic Calming:  That prior to opening the Amesbury Drive connection, the applicant shall install traffic calming devices within Town limits on Amesbury Drive and Sweeten Creek Road, with the final type, design, and location to be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  17. Sidewalk Improvements: That a 5-foot wide sidewalk shall be built to Town standard on both sides of the new internal connector streets and on the east side of Sunrise Road, along the site’s frontage.
  18. Right-of-way Dedication: That prior to the recordation of a final plat, the Town Manager shall review and approve a plat dedicating a 45-foot public right-of-way for all internal streets.
  19. Road and Sidewalk Maintenance:  That, until such time the development is annexed into the town limits, the Homeowners Association or NCDOT shall be responsible for the maintenance of the proposed internal subdivision roads.  The Homeowners Association shall also be responsible for the maintenance of the sidewalk until annexation.  A copy of the maintenance agreement with the Homeowners Association shall be reviewed and approved by the Town Manager prior to the issuance of Zoning Compliance Permit.
  20. North Carolina Department of Transportation Approvals:  That plans for improvements to all State-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit for the development.
  21. Bus Stop and Shelter:  That prior to the recordation of a final plat, the applicant provide a payment-in-lieu of $8,500, for a bus stop on the west side of Sunrise Road, including pad, bench, shelter and solar lighting.  That the payment shall be returned to the applicant, if it is not used within 5 years of the issuance of a Certificate of Occupancy for the 31st home.
  22. Bus Stop Sidewalk Payment-in-Lieu:  That prior to the recordation of a final plat, the applicant provide a payment-in-lieu for a sidewalk segment along the west side of Sunrise Road, between the Carol Woods driveway and the future bus stop.  That the payment shall be returned to the applicant, if it is not used within 5 years of the issuance of a Certificate of Occupancy for the 31st home.

    23. Recreation

  23. On-site Recreation Area:  That the applicant shall provide 71,730 square feet of the 216,751 square feet of required recreation area as part of the cluster subdivision proposal.  The remainder of the recreation area shall be provided as a payment-in-lieu prior to the recordation of a final plat.
  24. Payment-in-Lieu for a portion of Recreation Requirements:  That the applicant provide a payment-in-lieu of providing a minimum of 145,021 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.
  25. Recreation Space:That prior to issuance of a Zoning Compliance Permit, the location of the recreation space, and location, number, configuration, and type of amenities in the recreation space to be provided on-site, shall be reviewed and approved by the Town Manager.
  26. Dedication of Greenway Easement:  That prior to the recordation of a final plat, the applicant shall dedicate to the Town a blanket construction, maintenance, and access greenway easement for the “North Trail” Greenway.  The easement shall permit access for pedestrians, non-motorized vehicle use, and motorized wheelchairs.  Unless determined otherwise by the Town Manager, the blanket easement shall encumber the entire tract identified as “Private Recreation and Open Space Area A.” as well as the entire open space between the east property line and Sunrise Road.   The easement document and boundary shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross referenced on the final plat.
  27. Open Space Signage:  That the property line between residential lots and open space or recreation space shall be clearly delineated with signage.  That the applicant shall provide a property line boundary signage plan, including signage location, size and frequency.  That the plan shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  28. Pedestrian path between recreation areas: That the applicant construct an informal, 2 to 3-foot wide low impact pedestrian path between recreation area # 1 and #2.  That the path shall be maintained by the Homeowners Association. That the final location of the path shall be reviewed and approved by the Town Manager.
  29. Pedestrian Path Signage:  That the applicant or Homeowners’ Association shall post signs stating “Public Access” at the entrance to the pedestrian paths at the time of completion of the new roadway.  The design and location of the sign shall be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  That the Town will maintain all signs installed within the public right-of-way and within the Town limits, otherwise the Homeowners Association is responsible for sign maintenance.

    30. Landscaping and Architecture

  30. Required Buffers:That the following landscape buffers shall be provided; on land owned and controlled by a Homeowners’ Association.  If any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by tree or silt fencing from adjacent construction:
    31. Landscape Buffers
    Location Required Buffers
    Northeast site boundary with Interstate 40 100’ Type “E”

     

  31. Landscape Protection Plan: That a detailed Landscape Protection Plan, including the area associated with the off-site sanitary sewer line extension, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall identify all significant trees to be saved and removed. The plan shall also include the limits of land disturbance, proposed and tree protection fencing. 
  32. Landscape Bufferyard Plan and Landscape Maintenance Plan: That a detailed Landscape Bufferyard Planting Plan and a Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The plan shall indicate the size, type, and location of all proposed plantings in the bufferyard.
  33. Undisturbed Buffers: All required buffer areas shall remain undisturbed, unless determined otherwise by the Town Manager. Stormwater control structures shall not be placed in landscape buffer areas. 
  34. Utility Easements:  All utility easements shall be located outside the required buffers, except for perpendicular crossings, subject to Town Manager approval.

    35. Environment

  35. Energy Management:  That prior to the issuance of a Certificate of Occupancy for any affordable home, the applicant or builder shall provide documentation verifying that the home is Energy Star/Systems Vision certified and bronze certified for green buildings as established by the Greenbuilding Council of the Durham/Orange/Chatham Home Builders Association.
  36. Land Disturbance Activity Prohibited in the Resource Conservation District:That all stormwater improvements, including associated clearing and grading, shall not extend beyond the Upland Corridor Zone of the Resource Conservation District and shall not impact the root systems of any significant trees except land disturbance activities associated with the off-site extension of the OWASA sewer main. 
  37. Erosion control in the Resource Conservation District:  That where determined practical, temporary erosion control management features are permitted within the Resource Conservation District.  That the land disturbance associated with these features shall be minimized as much as practical.  That the erosion control features shall be removed and the area replanted once the erosion control devices are no longer required. 
  38. 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.”
  39. 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.
  40. Buildable Lots:  That no lot shall be created that would require a Resource Conservation District Variance in order to be built upon.

    41. In addition, for each lot it must be demonstrated that there is sufficient buildable area outside the Resource Conservation District, slopes of 25% or greater, water quality vegetated buffers, other required landscape buffers, easements, and any applicable building setback limits.

  41. Wetlands Location:That the applicant shall submit Final Plans which show the location of State or federally regulated wetlands on the site, including the area associated with the off-site sewer line extension.  That prior to issuance of a Zoning Compliance Permit, any proposed disturbance of wetlands shall demonstrate compliance with applicable State and federal Section 401 and 404 Certification requirements.
  42. 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 County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.
  43. Land Disturbance Bond:  If one (1) acre or more is uncovered by land-disturbing activities for this project, then a  performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to the issuance of a Zoning Compliance Permit. 
  44. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
  45. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit, the applicant shall submit a comprehensive Stormwater Management Plan to manage stormwater for the entire project in lieu of individual stormwater management plans and controls on each individual lot, 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 Solids (TSS) removal for 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.
  46. Stormwater Facility Prohibited in the Public Right-of-Way:  That all detention/retention basins, stormwater facilities, including residential stormwater control features, and associated infrastructure be located outside of existing or proposed rights-of-way as well as outside of all building setbacks.
  47. Fence Around Detention Basin Near Tot-Lot:  That the applicant construct a fence around the detention basin near the tot-lot.
  48. Stormwater Facility Easement:  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 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 assignee 
  49. 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 inspection and maintenance schedule to ensure that the facilities continue to function as originally intended.  Prior to the 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.
  50. 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 SD-5A.
  51. Certified As-Built Plans:  Prior to issuance of a Certificate of Occupancy, provide certified as-built plans for building footprints, parking lots, street improvements, storm drainage systems and stormwater management structures, and all other impervious surfaces.  The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88.
  52. State or Federal Approvals: That any required State or federal permits or 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.
  53. Impervious Surface Limit and Notification:  That each lot be allocated a portion of the total of proposed (388,000 square feet) of impervious surface.  That the final plans and final plat identify this proposed impervious surface limit on each lot.  That an impervious surface tally sheet, including impervious surface area associated with street, sidewalks, and similar infrastructure improvements, be submitted with all final plan and with all Single-Family Zoning Compliance Permit and Building Permit applications.  That the applicant shall submit to all purchasers of property and residential units a statement that properly discloses the impervious surface limits associated with each lot. 

    54. Homeowners’Association

  54. 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 all common areas, however designated.  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.
  55. Dedication and Maintenance of Common Area to Homeowners’ Association: That the applicant provide for Town Manager review and approval, a deed conveying to the Homeowners’ Association all  common areas, however designated, including recreation space, open space areas, and  stormwater management facilities. That the Homeowners Association shall be responsible for the maintenance of the proposed internal subdivision roads and adjacent sidewalks until the area is annexed.  These documents shall be reviewed and approved by the Town Manager prior to recordation at the Orange County Register of Deeds Office and cross-referenced on the final plat.
  56. 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.
  57. Notification of annexation: That the applicant to provide language on the recorded plat and homeowners association document notifying potential property owners of the possibility of annexation by the Town.

    58. Utility and Services

  58. Refuse Collection:  That until the development is annexed into the Town limits, the Homeowners’ Association shall contract for private refuse collection service. 
  59. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  60. Solid Waste Final Plan Details: That final plans shall include the following notes:
    1. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, shall be recycled;
    2. By Orange County Ordinance, all haulers of construction waste shall be properly licensed; and
    3. Prior to any demolition or construction activity on site, the applicant shall hold a pre-demolition/pre-construction conference with the County’s Solid Waste staff. This may be the same meeting held with other development officials.
    4. Prior to any demolition or construction activity on site, the applicant shall hold a deconstruction assessment conference with the County’s Solid Waste staff concerning buildings to be removed from this site.
  61. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan shall be approved by Duke Energy Company, Orange Water and Sewer Authority, AT&T, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
  62. Maintenance of Vegetation within the Duke Energy Easement:  That the Homeowners’Association document shall include language informing the property owners of the option to request that Duke Energy maintains the utility easement not with herbicides but with a brush-hog device.
  63. Off-Site Sewer Improvements:  That the approval of this Preliminary Plat shall authorize the installation of off-site utility infrastructure.  That all off-site utility easements, authorizing the installation of the required sewer line, be provided and approved by the Town Manager and OWASA and recorded at the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.  That final plans for this off-site work shall be reviewed and approved prior to the issuance of a Zoning Compliance Permit.
  64. Utility Line Placement: That except for three phase electrical distribution line, all new and relocated utility lines shall be placed underground.  The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  65. Street Lighting Plan: That a street lighting plan shall be reviewed and approved by Duke Energy, NCDOT and the Town Manager prior to the issuance of a Zoning Compliance Permit.  That if the proposed street lighting plan includes non-standard poles and/or fixtures that the plans and the Homeowners’Association documents indicate that the applicant or Homeowners’ Association shall be responsible for the additional cost as determined by Duke Energy.
  66. OWASA Easements:  That easement documents, including the off-site utility easement, as required by OWASA and the Town Manager be recorded before final plat approval.
  67. Fire Hydrant Location: It is required that all new structures be located within 400 feet of a fire hydrant and that all hydrants be shown on Final Plans, subject to the approval of the Town Manager.
  68. Fire Flow Report: That a fire flow report for all new development, shall be prepared and sealed by a registered professional engineer, which demonstrates that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

    69. Miscellaneous Stipulations

  69. Annexation Notification: That the final plat and Homeowners Association document include a statement that the property located within the Bradley Ridge development is subject to annexation by the Town of Chapel Hill
  70. Construction Management Plan: That a Construction Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That except for work associated with the sewer line extension within the Chandler Greens neighborhood, that plan prohibit the use of Ginger Road and any street in Chandler Green for access by construction vehicles prior to the completion of all infrastructure improvements for the entire development, or until the 30th Certificate of Occupancy is issued, whichever occurs later.

    71. That the construction management plan: 1) indicate how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other associated temporary construction management structures.

  71. Traffic and Pedestrian Control Plan: That a Traffic and Pedestrian Control Plan be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  That the plans include a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan indicating how pedestrian movements will be safely maintained.   At least 5 working days prior to any proposed lane or street closure the applicant must apply to the Town Manager for a lane or street closure permit.
  72. Courtesy Comments from East Chapel Hill High School: That prior to the issuance of a Zoning Compliance permit, a copy of the proposed Construction Management Plan and Traffic and Pedestrian Control Plan is provided to the East Chapel Hill High School principal for review and comment.
  73. Schools Adequate Public Facilities Ordinance: That the applicant provides the necessary Certificate of Adequacy of Public Schools prior to the issuance of a Zoning Compliance Permit.
  74. Single-Family Zoning Compliance Permit:  That prior to construction of each single-family structure, a Single-Family Zoning Compliance Permit shall be obtained for each newly created lot.
  75. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
  76. Plant Rescue: That the applicant consider conducting plant rescue activities on the site prior to initiation of development activity.
  77. 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.
  78. As-Built Plans: That as-built plans in DWF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
  79. 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 plans and plat.

    80. That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for an individual 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 if applicable a note to this effect shall be placed on the final plan and/or plat.

  80. Pavement Marking Plan: That the applicant submit 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.
  81. New Streets - Traffic Signs:  That the property owners shall be responsible for placement and maintenance of temporary regulatory signs, including street name signs, before issuance of any Certificates of Occupancy until such time that the street system is accepted for maintenance by the Town.
  82. New Street Names and Numbers:  That the name of the development and its streets and house/building numbers shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  83. Construction Sign: That the applicant shall post a construction sign at the development site 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 issuance of a Building Permit, prior to the commencement of any land disturbing activities. The construction sign may have a maximum of 16 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.  That a detail of the sign shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
  84. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
  85. 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 Bradley Ridge Subdivision in accordance with the plans and conditions listed above.

This the 25th day of February, 2008.