AGENDA #2d
TO: W. Calvin Horton, Town Manager
FROM: Bruce Heflin, Public Works Director
SUBJECT: Plan for Providing Refuse Collection Services to Proposed Annexation Area 2 – Southern Village
DATE: April 4, 2001
The following information relates to the Town’s plan for providing refuse collection services to proposed annexation Area 2 – Southern Village, effective July 1, 2001.
The Council passed a resolution on January 22, 2001, approving a report with plans for extending major municipal services to annexation Area 2 – Southern Village. One of the major services discussed was refuse collection. The report noted “…that the Town will pay for current private refuse collection to continue, with weekly collection.” The report further noted that “It is the Town’s intention, in accordance with the provisions of G.S. 160A-49.3, to contract with the private collection firm currently operating in the Southern Village development.” The Town would provide commercial refuse collection with its own forces, subject to Council’s consideration of possible changes in policy relative to commercial refuse collection services. Please refer to the budget working paper titled “Commercial Garbage Collection”.
We propose that the Town contract with Chatham Disposal, the collection firm presently serving residences in Southern Village. The contract would start on the effective date of annexation, proposed for midnight, June 30, 2001, provided the firm meets Town and OSHA requirements and the Southern Village Homeowners’ Association provides the Town with an agreement allowing the contractor to enter its private alleys. At the end of the first year of service, the Town would have the option to continue the contract with Chatham Disposal or pay to that collection firm, in lieu of a contract, a sum equal to the economic loss as determined by the G.S. 160A-49.
We propose an analysis of the delivery of services prior to the end of the first year of service to determine the effectiveness of the firm’s collection services and customer satisfaction related to such services. Based on findings from such a review, the Town would consider the following options for services starting during the second year of annexation.
1. Renewal of the service contract with the same vendor
2. Contract with a new service provider
3. Start services provided by the Town’s Solid Waste Services Division
If the Town were to start providing services using its own forces (i.e., Option #3 above), then the location of residential service would have to be determined. Stipulation 31 of the resolution approving the master plan that governed the construction of the residential neighborhoods in Southern Village stated that residential garbage collection would occur at the street (please see Attachment). Based on counts provided by the contractor, there are currently 80 units that are collected at the street. The remaining 395 single-family houses are collected in the alleys, which are not built to Town street standards. Some of them show signs of disrepair, which could be exacerbated by garbage trucks using them. If the stipulation from the master plan were followed, residents would have to convey their waste to the public street.
If the Council decided that waste should be collected from the alleys, the Town could obtain equipment that is smaller than our current standard garbage truck that could negotiate the narrower, steeper private alleys. In addition, the Southern Village Homeowners’ Association, as owner of the alleyways, would have to grant us a right of access and hold us harmless for any damage to the alleys resulting from our collections.
Commercial refuse collection services, including those provided to businesses, schools, apartments and condominiums serviced by commercial front-load garbage trucks, are proposed by Town collection crews. The basic service of twice weekly collections presently in existence throughout the Town would start at the time of annexation. Businesses may receive an additional two collections of bulk containers per week for a fee based on the number of cans or containers. The present fee of $1,200 per container per year is proposed to be increased Town-wide to $1,400 starting July 1, 2001.
The Town Council is considering overall commercial refuse collection services as part of budget deliberations currently under way. Please refer to the budget working paper titled “Commercial Garbage Collection.” Decisions made could impact this service program Town-wide, including services in the proposed annexation area. Whatever decision is made concerning commercial collection in the future, the commercial collection in the area to be annexed would proceed in the same manner as for establishments in similar circumstances within the current Town limits.
Other solid waste collection services will be provided under current refuse collection policies set forth in Chapter 8 of the Town Code. These include the collection of brush, tree and other trimmings placed at the edge of public streets. Since most of the service alleys in Southern Village, which are not public streets, were not constructed to the Town of Chapel Hill standards, such alleys will not accommodate yard waste collection vehicles. Accordingly, all yard waste, including Christmas trees, must be put in a location accessible to our trucks.
Costs for refuse services are estimated as follows:
Item First Year Second Year
Payments to private sanitation firms $104,400 $ 76,500
Tipping fees $ 34,000 $ 37,000
Total $138,400 $113,500
These totals differ from those reported previously in the Annexation Services Report presented to the Council dated January 22, 2001. In that report, we understated the payments to private sanitation firms for residential collections because we inadvertently used an incorrect house count. The amounts previously reported for payments to private sanitation firms for residential collections were short by $57,300 in the first year and $60,500 in the second year. The original amounts for disposal of residential refuse and commercial service were correct.
We will revise the costs associated with annexation of Southern Village for the services report to the Council scheduled for April 9, 2001. After reviewing all Public Works Department cost projections used in the report submitted on January 22, 2001, we believe that the error was limited to the projected costs associated with payments to the private contractor for residential refuse collection as identified above.
In summary, we propose that residential refuse collection services for proposed annexation Area 2 – Southern Village be provided using the same private vendor that presently serves that area, starting at the time of annexation and extending for a period of one year. We propose evaluating the effectiveness of this service, along with customer satisfaction, prior to the end of the first year of service. Based on findings from such a study, we would recommend options for the Council to consider starting in the second year of annexation.
ATTACHMENT
1. A Resolution Approving An Application For A Master Land Use Plan For The Southern Village (MLUP 126-A-4) (93-7-6/R-2a) (p. 4).
ATTACHMENT 1
A RESOLUTION APPROVING AN APPLICATION FOR A MASTER LAND USE PLAN FOR THE SOUTHERN VILLAGE (MLUP 126-A-4) (93-7-6/R-2a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Master Land Use Plan proposed by Bryan Properties, Inc., on property identified as Chapel Hill Township Tax Map 126, Block A, Lots 4, 4K and 20; and Tax Map 122, Block B, Lots 8M and part of Lot 8B, if developed according to the Master Plan, Sheet MP-1, stamped "received March 2, 1993", the general principles outlined in the "Traditional Neighborhood Design Guidelines" (submitted by the applicant and subject to the revisions listed in a condition below), and the conditions listed below, would:
1. Maintain the public health, safety and general welfare;
2. Maintain or enhance the value of contiguous property; or be a public necessity; and
3. Conform to the Comprehensive Plan.
These findings are conditioned on the following:
Stipulations Specific to the Development
1. Application Deadline: That an application for a Special Use Permit for development of at least one phase be accepted by the Town Manager by June 28, 1995 or the above Master Land Use Plan shall automatically expire.
2. Land Uses:
a. Land uses within the various districts (Village Core Storefront, Village Green Entranceway Transition, Village Green, Neighborhood District, and Village Core Apartment District) must be limited to those described in the uses shown on the Master Plan (and included in the Neighborhood Guidelines) submitted by the applicant and Subsection 12.3 (schedule of uses) of the Chapel Hill Development Ordinance.
In a case where the Master Plan and Neighborhood Guidelines list a use not included in a particular zoning district according to Subsection 12.3, the use shall not be permitted. Uses shall be in accordance with those defined in Article 2 of the Development Ordinance.
b. That the south central square in the Village Storefront District may be used for a fire station but for no other drive-through use.
3. Accessory Dwelling Units: Than an accessory dwelling unit may be constructed only on a residential lot at least 50 feet wide, with provision for at least 2 parking spaces on the lot, behind the primary dwelling unit. This restriction shall also be included in the restrictive covenants for the development.
4. Limit on Number of Dwelling Units: That no more than 1,388 dwelling units shall be allowed for the development. This total number of dwelling units includes, but is not limited to, dwelling units in single-family homes, two-family homes, accessory apartments, townhomes, and apartments.
5. Stormwater Management Plan: That a general stormwater management plan for the entire site be submitted for review with the final plans for the first phase of development. A detailed stormwater management plan, based on the Town's Hydros program, shall be submitted with each Final Plan application for approval by the Town Manager. Stormwater management plans shall be approved by State and Federal agencies if so required.
(Cross-reference: Stipulation #12 also pertains to stormwater management.)
6. Transportation Management Plan: That prior to issuance of a Zoning Compliance Permit for any portion of the proposed office or commercial uses, the applicant prepare, for approval by the Town Manager, a Transportation Management Plan. This Transportation Management Plan shall include provisions to reduce automobile traffic and encourage the use of alternative modes of transportation.
7. Preservation of Existing Cemeteries and Graves: That the existing cemeteries be preserved in the two "green areas" in the northeast tract as shown on the plans, and that all federal and State regulations regarding preservation of, relocation of, and development around gravesites be complied with; and that ownership, maintenance responsibilities for the cemeteries be included in the establishment of a property owners' association.
8. Ownership and Responsibilities of Common Areas: That owners' association(s) be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas. All property owners, excluding governmental bodies, must be represented in the owners' association(s). The owners' association(s) may have maintenance responsibilities for development elements which affect the entire development, including the stormwater management facility.
In addition, separate neighborhood association(s) and owners' association(s) for the Village Core Storefront District shall be created for the maintenance and regulations of the residential and commercial areas. The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit for the first phase of development.
The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks, the existing cemeteries, and the perimeter buffers. These entities shall also be responsible for any "add-on fees" charged by Duke Power for special street lighting.
9. Water and Sewer Line Extensions: That preliminary utility extension plans be reviewed and approved by OWASA as part of the final plans for the first phase of development. Thereafter, prior to issuance of a Zoning Compliance Permit for any phase of development, OWASA and Town Manager approval of detailed phase-specific utility extension plans must be obtained. The plans may include water and sewer line construction both off-site and on-site.
Where possible, sewer lines shall be located outside the greenway system and placed within street rights-of-way.
10. Required Improvements: The sequence and extent of the following improvements, unless otherwise noted, shall be determined with approval of subsequent Special Use Permit(s) for the phases of development, according to the relative scale and impact of each phase.
a. That one-half of a 120-foot right-of-way along the Highway 15-501 frontage be dedicated, with additional right-of-way dedicated at the project entrances off Highway 15-501 if determined to be necessary by the Town Manager. The entire dedication shall occur prior to issuance of a Zoning Compliance Permit for the first phase of development.
b. That the developer reserve (not dedicate) a 100-foot right-of-way along the southwest property line (west of Fan Branch) for the Laurel Hill Parkway Corridor until such time as the Thoroughfare Plan is amended by the N.C. Board of Transportation to remove Laurel Hill Parkway and the Council adopts a resolution releasing this right-of-way reservation.
c. That the developer shall install a traffic signal or shall provide a signal payment-in-lieu to the Town for the intersection of Highway 15-501 and the proposed southern entrance to the village. The signal must be installed or payment-in-lieu made by the developer prior to issuance of a Zoning Compliance Permit for any phase of development using this intersection for primary access, including the proposed park/ride lot.
d. That the developer add a left turn lane and a right hand deceleration/turn lane on Highway 15-501 at each of the two proposed entrances into the village from Highway 15-501.
e. That three lanes be provided at each entrance off Highway 15-501 - one lane into the development, one lane for right turns onto Highway 15-501, and one left turn lane onto Highway 15-501.
The right-of-way and pavement width at the southern entrance shall be wide enough to accommodate an additional left turn out onto Highway 15-501 at the southern entrance.
The right-of-way width at the northern entrance shall be wide enough to accommodate a fourth lane.
f. That a sidewalk be installed on at least one side of each public street (except the alleys).
g. That the applicant provide an asphalt pedestrian/bicycle path, sections of which would be within the greenways and recreation areas along Wilson Creek and Fan Branch, and along Morgan Creek. The Greenway shall be deeded to the Town and shall contain a pedestrian, non-motorized vehicle easement.
Asphalt paths shall be provided from the southern property line, extend through the village site, extend beyond the northern property line, under Culbreth Road (or as a surface crossing on Culbreth Road), over Morgan Creek, parallel to Morgan Creek (north side) to a point on the east side of the Highway 15-501 bridge, and join South Columbia Street.
A paved path suitable for bikes and pedestrians shall be extended from the Morgan Creek bridge north approximately 600 feet to Purefoy Road, subject to approval by NCDOT, and subject to approval by private property owners, if applicable.
The location, width, and design/construction standards for the paths are to be approved by the Town Manager.
h. That the greenways shown on the plans, the primary public greens in the Village Core Storefront District, public parks, public recreation areas, and community recycling center(s) be dedicated and deeded to the Town.
i. That community yard waste/compost site(s) be provided, with the number and location to be approved by the Town Manager. Property owners' association(s) shall be responsible for the management and maintenance of the yard waste/compost site(s), until such time as both the association and the Town agree to the Town taking on same responsibilities.
j. That adequate transit stops, with benches and possibly shelters, be provided as appropriate. The Town Manager, as subsequent Special Use Permit applications are reviewed, shall determine the number and location of transit stops to be located within the site as more is learned about the use of future buildings and potential transit needs.
All streets shall be built to Town Standards, and shall be dedicated as public streets. The Town Manager may require certain private alleys to be built to Town standards to withstand service vehicles.
k. That play equipment, benches, and/or picnic shelters be provided in the neighborhood parks, with type, number, and location to be approved by the Town Manager.
l. That each road stubout to a subsequent phase be extended (cleared and graded) at least 100 feet into the adjacent future phase(s). Signage shall be located at each roadway stubout that indicates the roadway will be extended for future development.
m. That traffic control signage and pavement markings conform to the standards in the Manual of Uniform Traffic Control Devices (MUTCD). The Developer shall be responsible for maintaining the signs until the development is annexed by the Town.
n. That a wet detention basin and/or other stormwater management facilities be provided in accordance with Condition #12 below, and with all applicable Town regulations, including the Town's Water Supply Watershed Protection regulations (expected to be adopted by July 1, 1993), State regulations, and federal (FEMA) regulations.
Design and construction of any stormwater management facility shall be approved by the Town Manager and may include acceptance by the Town of maintenance responsibilities. All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations and equipment. The drive shall be in a location to be approved by the Town Manager.
o. That empty duct banks for future streetlights and signal cables be installed from Culbreth Road to and along this property's frontage on Highway 15-501, if deemed necessary by the Town Manager.
11. Obtaining Right to Develop in the Northeast Corner of the Site: If the wet detention basin must be located as shown on the Master Plan, the developer shall acquire the OWASA-owned property in the northeast portion of the site, or obtain from OWASA any necessary easements prior to issuance of a Zoning Compliance Permit for construction of the wet detention basin.
12. Building Threshold for Permanent Detention Basin Installation:
a. That after the impervious surface or building threshold (500 units or Town-approved percentage of impervious surface, whichever occurs first) has been reached for the entire property covered by this Master Land Use Plan approval, no additional building permits shall be issued for any part of the Southern Village until adequate stormwater management/water quality protection measures have been completed in compliance with all then applicable local, State, and federal regulations. For the purposes of calculating this threshold, each dwelling unit and each 1,000 square feet of nonresidential floor area shall constitute a "unit". A note to this effect shall be placed on all final plats and plans.
b. For every unit, the developer shall set aside $500 in an escrow account for the pond construction. For the purposes of the fund calculations, each increment of 1,000 square feet of nonresidential floor area would count as a "unit".
c. Once 500 "units" have been constructed, the pond shall be constructed to accommodate buildout of the entire site.
d. The developer shall submit a monitoring plan and data for totaling the "unit" number and impervious surface area as each building permit application is submitted to the Town Manager. The monitoring plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase.
e. For purposes of calculating impervious surface area for compliance with the water quality regulations, the proposed public park/ride lot shall not be counted as part of this development; it shall be counted as part of the public facilities on adjacent Town-owned property.
13. Service Stations: For any service station within this development, the following stipulations shall apply:
a. That all applicable federal and State regulations, including those pertaining to water supply watershed protection, be complied with.
b. That all applicable Town regulations, including those pertaining to water supply watershed protection, storm drainage, and hazardous materials be complied with. Below is a partial list:
-an emergency contingency plan shall be prepared, in accordance with the requirements of federal regulations, as part of the development application. The report must be updated annually;
-any storage container for hazardous materials (such as gasoline) shall be equipped with leak detection devices and shall be double-walled or have other secondary containment features;
-storage areas shall be protected by a dike of appropriate size; and
-all floor drains that might collect hazardous materials must be connected to a tank or catch basin or appropriate size, and shall not be open to the site's natural drainage system.
c. That the plans and operation of the service station comply with Subsection 18.7.15, and all other applicable sections of the Chapel Hill Development Ordinance, which include the following standards for service stations:
-the lot must be at least 20,000 square feet in area;
-the lot must front and have direct access to an arterial or collector street;
-provisions must be made for ventilation and dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids; and
-the service station driveways must be at least 300 feet from any intersecting street, and at least 750 feet from any other service station driveway.
d. Additional protective measures for stormwater quality:
-that surface runoff from the gas station be routed to an oil-sand separator for liquid waste collection to filter the grease, oils, and other pollutants from the stormwater above the stormwater inlets;
-provisions for a waste disposal plan, addressing disposal methods and record-keeping for solid waste, waste trapped in the oil-sand separator, grease traps (and/or other filtering devices), and liquid waste in accordance with federal, State, and local regulations. The plan and records are to be provided to the Town annually;
-for the fuel tanks: provision of double-walled piping with automatic leak detectors, and double-walled tanks with interstitial monitoring and automatic alarm systems; registration with the State and annual tank fees paid to the State; and
-provision of monitoring well(s) with a regular monitoring program.
14. Design-Related Stipulations: The following revisions/additions shall be incorporated into the applicant's Traditional Neighborhood Design Guidelines. A revised copy of the Guidelines shall to be submitted to Town's Planning Department, and shall supersede the original set of guidelines. The revised guidelines must be received and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for the first phase of development. Subsequent revisions may be reviewed and approved by the Town Manager. At a minimum, the following revisions shall be included in the Guidelines:
a. All sidewalks within public rights-of-way shall be at least 5 feet in width. Alternatively, the Town Manager may approve a narrower width in situations where there are topographical or other constraints.
b. Landscape protection measures shall be to Town standards. The Town Manager may review and approve other methods on a case-by-case basis. Because uses other than single-family and two-family lots are allowed in the Neighborhood Districts and Village Green Districts, tree protection fencing shall be required during construction of public utilities and roadways and in other areas as determined to be necessary by the Town Manager.
c. Include specific street construction standards and materials; maximum slopes and vertical curve data; curb type; drainage methods; and typical cross-sections.
d. Address landscaping of street side slopes and traffic islands.
e. Address lighting of streets and alleys.
f. All alley/street intersections must be at least 100 feet apart. The Town Manager may approve narrower separations on a case-by-case basis.
g. No alleys shall intersect a street at a point where the street slopes over 15%.
h. Widths of the rights-of-way for public alleys shall be:
- with no curb and gutter - 30 feet
- with curb and gutter - 24 feet.
i. That all driveway locations, for residential and non-residential uses, be reviewed for approval by the Town Manager.
j. Front yard driveways and parking areas shall be prohibited for the lots fronting on Street R-R (the continuation of the northern entrance into the site in the northeast Neighborhood District).
k. Provide more specifics on the provisions for refuse and recyclables storage; pads; access; and other solid waste management issues.
l. That all signage shall be reviewed for approval by the Town's Appearance Commission.
m. That the building setbacks for the perimeter of the 312-acre site be in accordance with Subsection 18.8.9.4 of the Development Ordinance. All other setbacks shall be as described in the Traditional Neighborhood Design Guidelines.
n. That speed limits and on-street parking shall be regulated by the Council.
o. That the floor area limitations for different uses within the Village Core Storefront District shall be in accordance with the submitted Guidelines, except that the grocery store may be increased to 15,000 square feet of floor area.
15. Recreation Space Requirements for Residential Components:
a. That recreation space of sufficient area and type, according to Article 13 of the Development Ordinance, be provided for the residential components, including amenities such as playground equipment, benches, and/or picnic shelters. The plans for the recreation space shall be reviewed for approval by the Town Manager.
The recreation space may be dedicated and deeded to the Town of Chapel Hill for Parks and Recreation purposes only, or to an Owner's Association (to be determined by the Town Manager). The developer remains responsible for the recreation space unless the Town or an Owners' Association accepts the property.
b. That the developer provide an additional recreation site centrally located; adjacent to the Resource Conservation District and a public street; dry and level; accessible from the Fan Branch greenway system; including a graded, multi-purpose playing field at least 300 feet by 150 feet; and including a regulation volleyball court and basketball court.
c. That the above recreation site be included as part of the developer's next residential Special Use Permit application. (Not as part of the Special Use Permit applications already been submitted.) No Certificates of Occupancy shall be issued for the residential units within this phase until all the active recreation facilities have been provided to the Town Manager's satisfaction.
d. If a homeowners' association is responsible for ownership and maintenance of the active recreation area and facilities, and if the recreation area and facilities are not properly maintained, the Town may assume responsibility for same, subject to agreement between the association and the Town.
e. That no private recreation facility on this site may be used to fulfill the Town's recreation space requirements for this development.
16. Review Process: For subphases and blocks and buildings within a development phase, the following review processes apply:
Residential:
Single- and two-family development to be approved by the Town Manager.
Attached townhouses to be approved by the Planning Board as Site Plan Reviews.
Multi-family development including that in the Village Core Storefront District, to be approved by the Planning Board as Site Plan Review.
Village Core Apartment District to be approved by the Council as a Special Use Permit.
Non-residential:
Development to be approved by the Planning Board as Site Plan Reviews.
Signage:
All signage to be approved by the Town's Appearance Commission.
Each application shall demonstrate compliance with the Development Ordinance, including the intensity regulations of Article 13.
Stipulations Related to the Resource Conservation District
17. Boundaries: That the boundaries of the Resource Conservation District for the entire site be indicated on final plans submitted for the first phase of development. A note shall be added indicating that "Development shall be restricted within the Resource Conservation District in accordance with the Development Ordinance" on this plan and on all plans and plats for subsequent Special Use Permit applications.
18. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plat or final plan approval for the subject phase(s) of development.
19. Construction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the applicant is granted administrative exemptions. Encroachments include, but are not limited to:
-street crossings
-pedestrian/bicycle paths along and over the streams
-wet detention basin/stormwater management facility
-utility lines
Stipulations Related to State and Federal Government Approvals
20. State or Federal Approvals: That any required State or Federal permits or encroachment agreements (including but not limited to those needed for improvements to Highway 15-501, for lake and dam construction, for stormwater management and erosion control, and crossings over/under Highway 54, for water and sewer extension, and for development in the Water Supply Protection Area) be approved and copies of the approved permits and agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit for the subject phase of development.
21. NCDOT Approvals: That plans for improvements to State-maintained roads be approved by NCDOT prior to issuance of a Zoning Compliance Permit for the subject phase of development.
Stipulations Related to Landscape Elements
22. Survey of Rare and Specimen Trees: That a survey of rare and specimen trees, as defined in the Development Ordinance, shall be submitted for review with each application for Special Use Permit.
23. Buffers: That the following buffers be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements that this vegetation will be protected by fencing from adjacent construction:
- Type D buffer (minimum width 75', as measured from the new right-of-way line) along Highway 15-501. For the northeast tract, this buffer shall be located between Highway 15-501 and any proposed building, and may be on either or both sides of the proposed detention basin in keeping with the Entranceway Plan objectives. This buffer may need to be expanded to comply with the State water supply watershed protection regulations, if required by the State.
- Type B buffer (minimum width 50') behind the existing residences fronting on Highway 15-501, excluding utility easements.
- Type B buffer (minimum width 10') along all other property lines coinciding with the perimeter of the 312-acre site.
No utility easements may be included within the buffers, except for necessary perpendicular crossings.
Supplemental plantings may be necessary to fulfill the requirements for buffers, screening of parking lots, and entranceway plantings.
24. Buffer Around the Permanent Detention Pond (Lake): That a buffer shall be provided around the permanent detention pond (lake) in accordance with local and State watershed protection regulations.
25. Street Tree Plantings: That the developer shall provide street tree plantings in all phases of development where no existing trees are shown as remaining within twenty feet of the curb on the Landscape Protection Plans submitted with final plan applications. Locations are to include:
- at entranceways on Highway 15-501
- along entrance roads
- in the parks, greens, and cemeteries
These trees will be installed to Town standards as detailed in the Town's Design Manual.
26. Landscape Plan Approval: That preliminary and detailed final landscape plans (including buffers and street tree plantings), landscape maintenance plans, and lighting plans be reviewed by the Town Manager and/or the Appearance Commission for approval in conjunction with application of a Special Use Permit for each phase of development.
27. Plantings along the Highway Frontage: That plantings be provided and existing vegetation preserved along the highway frontage in general compliance with the Town's Master Landscape Plan for Entranceways Corridors along Highway 15-501.
28. Landscape Protection Plan: That a detailed landscape protection plan be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for each phase of development.
This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines; a detail of protective fencing; and construction parking and materials staging/storage areas.
The plan shall show the use of tree protection fencing between infrastructure construction and existing vegetation in:
- all required buffers
- all common areas (public or private)
- all areas designated to be used for residential, non-residential, or mixed use development.
- other areas, to be determined by the Town Manager.
Stipulations Related to Steep Slopes
29. That each submittal for Special Use Permit or Zoning Compliance Permit include a map showing lots and street segments on slopes of 10% or more and demonstrating how the development and construction will comply with the steep slopes regulations in the Development Ordinance:
- for slopes of 10-15%, site preparation techniques shall be used which minimize grading and site disturbance;
- for slopes of 15-25%, demonstrate specialized site design techniques and approaches for building and site preparation; and
- for slopes of 25% or greater, provide a detailed site analysis of soil conditions, hydrology, bedrock conditions, and other engineering/environmental aspects of the site.
Each Final Plan application shall demonstrate compliance with the steep slopes regulations in the Development Ordinance. The Town Manager shall decide if the proposed building and site engineering techniques are appropriate.
Miscellaneous Stipulations
30. Subsequent Special Use Permits: That subsequent Special Use Permit applications demonstrate compliance with the approved Master Land Use Plan and all applicable provisions of the Development Ordinance, except for specifically permitted modifications to the regulations granted by the Council.
31. Solid Waste Management:
a. That a solid waste management plan, including provisions for recycling and for management of construction debris, be designed and submitted with each application for final plan approval.
b. Refuse and recyclables storage and collection shall be as follows:
i.Shared dumpsters and compactors in parking lots behind the buildings in the Village Core Storefront District, where possible
ii.Where dumpsters and compactors are not used, the primary method of refuse and recycling collection will be curbside service. Exceptions may be made by the Town Manager on a case-by-case basis.
For single-family and two-family lots, refuse collection will be provided by curbside service, subject to individual Town Manager-approved exceptions. A note to this effect shall be placed on final plats and plans.
32. Fire and Safety: That a preliminary fire hydrant plan and fireflow report for the entire site be submitted with the final plans for the Special Use Permit application for the first phase of development. A detailed phase-specific hydrant plan and fireflow report shall be required prior to the issuance of a Zoning Compliance Permit for each phase of development.
33. Erosion Control: That a general soil erosion and sedimentation control plan for the 312 acre site be reviewed by the Orange County Erosion Control Officer with the review of the final plans for the first phase of development. A phase-specific detailed erosion control plan shall be submitted with each final plan application for review and approval by the Orange County Erosion Control Officer.
34. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
35. Non-Severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED that the Council hereby approves the application for Southern Village Master Land Use Plan in accordance with plans and conditions listed above.
This the 6th day of July, 1993.