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Agenda - 04-06-1987
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Agenda - 04-06-1987
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BOCC
Date
4/6/1987
Meeting Type
Regular Meeting
Document Type
Agenda
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• <br /> 081 <br /> Board of Commissioners Page Two April 2, 1987 <br /> County is going to, as a matter of policy, permit <br /> community sewer systems some provision is necessary to, <br /> as far as practicable, insure their continued <br /> operation. Enclosed is House Bill 94 introduced on <br /> February 25, 1987 before the General Assembly of North <br /> Carolina by Representative Hackney and others. This <br /> bill attempts to address the issue raised here by <br /> requiring the applicant to furnish a performance bond. <br /> This bill, if enacted into law, will depend on rules <br /> promulgated by the Environmental Management Commission. <br /> If adopted the law would become effective October 1, <br /> 1987. <br /> A threshhold question for the Board ' s <br /> o consideration is whether this issue should be <br /> determined in the context of this subdivision request <br /> or as a policy matter with specific input from the <br /> staff and the Planning Board. If the Board elects to <br /> 0 approve the Wolfe Property subdivision with a community <br /> system, the manager's recommendation concerning the <br /> developer 's responsibility to fund an operating <br /> maintenance budget of a homeowner 's association seems <br /> critical. If the Board goes this route, it will be a <br /> Board decision to determine the amount of the fund by <br /> o establishing the number of years of maintenance which <br /> a should be provided for in the fund. <br /> Eno River Estates Subdivision. The developer <br /> proposes 27 lots to be located on approximately 81 <br /> acres of land with a private road. Although the roads <br /> ° are to be constructed to North Carolina DOT standards <br /> for a residential subdivision, there will be a private <br /> dedication only. Under the County's private road <br /> scheme, the property owners will become responsible for <br /> the maintenance of these roads until and if a public <br /> dedication is made and maintenance is assumed by North <br /> Carolina DOT. There is also the matter of the <br /> maintenance responsibility and the capital fund of the <br /> bridge crossing the Eno River. Under the County' s <br /> Subdivision Regulations, in the case of public <br /> dedications accompanied by construction to North <br /> Carolina DOT standards, the developer commits to <br /> maintaining the roads until such time as the <br /> maintenance responsibility is assumed by NC DOT. There <br /> is therefore a significant difference in the treatment <br /> of private and public roads in the County other than <br /> the difference in the road construction standards. <br /> Furthermore, I have serious questions about whether or <br /> not this subdivision plan satisfies the Subdivision <br /> Regulations' requirements for a private road. The Board <br />
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