Orange County NC Website
3 <br /> disturbance and clearing in areas containing <br /> hardwood and other significant vegetation types, <br /> shall be made in the restrictive covenants and/or <br /> Homeowner's Association documents. <br /> Restrictive covenants shall also include the <br /> prohibition of all clearing and development within <br /> the stream buffer except as needed to provide a <br /> pedestrian easement on the west side of the <br /> stream. <br /> 2 . Provide appropriate turn-arounds on the private <br /> roads as provided in the Orange County Private <br /> Road Standards. <br /> 3. An access easement shall be provided form private <br /> road C to the park site. The easement shall not <br /> be located within the stream buffer, except as <br /> necessary to cross perpendicular to the stream <br /> buffer. <br /> 4 . A pedestrian easement which connects with the <br /> Spoon Lake subdivision shall be provided on the <br /> west side of the stream (if approved by the <br /> Homeowners Association of Spoon Lake) . <br /> Preliminary Plan <br /> The Preliminary Plan includes 45 lots, three more than <br /> were included in the Concept Plan. According to the <br /> applicant, the additional lots as proposed because the <br /> soils analyses indicate a more extensive presence of <br /> suitable soils than was originally anticipated. A revised <br /> private road justification is attached. The Planning <br /> Staff finds that justification for a private road remains, <br /> even with the addition of three lots. <br /> The average size of lots adjacent to the stream is 2 .44 <br /> acres (right-of-way excluded) . The required stream buffer <br /> ranges from about 60 feet to about 100 feet from the <br /> stream. The applicant has proposed that the area within <br /> 125 feet of the stream be included in a conservation <br /> easement. The area within the easement would be located <br /> in individual lots, however, there could be no <br /> construction of any kind and no disturbance of vegetation <br /> within the easement, except as necessary to provide for <br /> the proposed pedestrian/equestrian access. <br /> The applicant proposes to construct a trail within the <br /> pedestrian/equestrian easement along the creek. The <br /> location of the trail would be outside of the floodplain <br /> but within the stream buffer, to minimize impacts on the <br /> stream and maintain the privacy of the adjoining property <br /> owners. <br /> The applicant has also requested a waiver of landscape <br /> requirements to allow all required trees to be planted <br /> within the private road easements just outside of the <br />