RES-1995-038 Resolution of Approval of Hannah Creek Subdivision (Revised) Preliminary Plan

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` 4 C. A pedestrian/equestrian easement extending 50 feet from each edge of the perennial stream. 4. A front setback of 125 feet shall be maintained as measured from the edge of public or private road right-of-way for lots 13, 14, 15, and 16. A front setback of 75 feet shall be maintained as measured from the edge of the public or private road right-of-way for lots 113, 5, 6, 7, 40, 25, 26, 31, 2, 12, 35 and 19. A rear setback of 40 feet shall be maintained as measured from the rear property line for lots 36, 37, 38, 39, 40, 35 and 34. Other setbacks are as required by Article 5.1 of the Zoning Ordinance, except where conservation easements result in a larger setback. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5. Lots AR and B shall be designated on the Final Plat as being of restricted development potential. Lots AR and B shall be owned by an entity established for the purpose of conserving and maintaining natural resources. Such an entity may include, but is not limited to, a homeowners association, provided that conservation of natural resources is one of its established purposes. Documents associated with compliance of this condition shall be reviewed and approved by the County Attorney. The restricted use of Lots AR and B shall be included in a document describing development restrictions and requirements to be prepared by the Planning Staff and recorded concurrently with the Final Plat. 6. The area included in the conservation easements must remain natural and undisturbed. • Removal of any vegetation and all construction or disturbance in the easement is prohibited, except as necessary to allow the construction of the pedestrian/equestrian trail along the stream. The recipient of the easements shall be an entity established for the purpose of conserving and maintaining natural resources. Such an entity may include, but is not limited to a homeowners association, provided that conservation of natural resources is one of its established purposes. Documents associated with compliance of this condition shall be reviewed and approved by the County Attorney. The restricted use within the easements shall be included in a document describing development restrictions and requirements to be prepared by the Planning Staff and recorded concurrently with the Final Plat. 7. A pedestrian/equestrian trail for use by the residents shall be constructed along the stream outside of any identifiable flood-prone area. The trail may cross the stream as necessary to maintain minimize disturbance of slopes and vegetation. The Erosion Control Supervisor shall approve the specific location of the trail prior to its construction. Upon construction of the trail, the Erosion Control Office shall certify that the final construction is in accordance with acceptable erosion control practice and the trail is in the approved location. If a Final Plat is to be recorded prior to the construction of the trail, then future construction of the trail shall be guaranteed through a letter of credit, escrow agreement, or bond. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 8. If the subdivision is to be completed in more than one phase, then Lot AR and the conservation easements and equestrian/pedestrian trail shall be constructed or secured in the first phase, and an easement be provided to assure access from Elizabeth Walters Road to Lot AR.