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PAGE 4 <br /> 8. SUBDIVISION REGULATIONS TEXT AMENDMENT - PRELIMINARY PLAT REVIEW PROCEDURES <br /> To approve an amendment to Section III-D-2-c/d of the Subdivision Regulations <br /> to establish a minimum time period within which recommendations from the Planning <br /> Board will be transmitted to the Board of County Commissioners. Amendment shall read <br /> as follows: <br /> "The Board of Commissioners shall receive the Planning Department's <br /> report and the Planning Board's recommendation within forty-five (45) days of the <br /> Planning Board meeting at which time the application is forwarded to the <br /> Commissioners. The Board of Commissioners shall take action on the proposal within <br /> forty-five (45) days of the close of the County Commissioners meeting at which the <br /> Planning Board's recommendation is submitted to it. " <br /> 9. RIGHT-OF-WAY AGREEMENT <br /> To approve and authorize the Chair to sign this agreement which will allow <br /> Duke Power Company access and use of the described property for transporting <br /> electricity and communications purposes. <br /> VOTE: UNANIMOUS. <br /> G. ITEMS FOR DECISION = REGULAR AGENDA <br /> 1. SUBDIVISION REGULATIONS TEXT AMENDMENT .. PRELIMINARY PLAT APPROVAL <br /> This proposed amendment will authorize the Board of County Commissioners to <br /> amend, at its discretion, the phasing plans of major subdivisions. The new text will <br /> list the factors which must be considered when an applicant requests an amendment to a <br /> phasing plan. The proposed addition to Section III-D-2-e will provide a remedy for <br /> development plans on which the 12-month time limit has expired or is about to expire. <br /> Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis <br /> to approve the amendment as presented at the November 27, 1989 public hearing and as <br /> amended by the County Attorney. <br /> VOTE: UNANIMOUS. <br /> 2. WYNDSONG = PRELIMINARY PLAN <br /> The property is located off the north side of Davis Road in Chapel Hill <br /> Township. The property is zoned R-1 and PW-II. Fifteen lots are proposed out of 50.5 <br /> acres. There will be 14.60 acres proposed for common land. <br /> Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis <br /> to approve the resolution for the preliminary plan for Wyndsong as presented. <br /> VOTE: UNANIMOUS. <br /> 3. PROPOSED TEXT AMENDMENTS - WETLANDS PERMITS <br /> The proposed amendments would add a new Article 6.19 to the Zoning Ordinance <br /> and a new Section IV-B-11 to the Subdivision Regulations, serving as notification to <br /> anyone who may be planning construction/filling activities. It is the responsibility <br /> of the Corps of Engineers to identify the wetland jurisdiction limits and discuss the <br /> need for, and availability of, Federal permits. <br /> Commissioner Halkiotis questioned the language in Section IV-B-11 which states <br /> "Federal permit authorization may be required from the U.S. Army Corps of Engineers <br /> prior to commencement of . . . " Marvin Collins explained that if any of these <br /> activities (construction of road crossings, sewer or utility line installations, <br /> grading, placement of soil from ditching or other excavations) are not disturbing the <br /> wetlands, then a 404 permit would not be required. The only time it would be required <br /> is when any of these activities directly affect the wetlands. It was decided to <br /> reword this amendment to show that the Army Corps of Engineers may require the permit <br />