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M M M ff V ,a. <br />February 16, 1988. The plan was for a cluster <br />subdivision containing 31 ore-acre lots served by <br />public roads, individual septic tanks and <br />community wells, and 31.42 acres of open space. <br />The preliminary plan called for the lots to be <br />developed in three phases (Phase 1 included 3 <br />lots and was approved as a minor subdivision <br />prior to submission of the major subdivision). <br />The Chestnut Oaks property is located in Bingham <br />Township on the west side of Jo Mac Road (SR <br />1103) near the Bingham /Chapel Hill Township line. <br />The zoning.designation is Rural Buffer and <br />ULW /Protected Watershed II (University Lake). <br />Approximately 60.74 acres of the tract remain <br />undeveloped (64.74 minus four acres of open space <br />required to accompany the four lots in Phase 2). <br />On April 18, 1988, the Planning Board approved <br />the final plat for Phase 2 of Chestnut Oaks, <br />consisting of four lots and extending /upgrading <br />the existing subdivision road to NCDOT standards. <br />Since no other phase was submitted for final <br />approval within twelve months of the approval of <br />Phase 2, the preliminary plan approval expired. <br />Orange County has received no notification that <br />any of the improvements required in Phase 2 <br />(roads, water system, landscaping) were ever <br />installed. <br />On January 8 of this year, Section III -D -2 -e of <br />the Subdivision Regulations was expanded to <br />authorize the Board of .County Commissioners to <br />amend the phasing plans of major subdivisions. <br />One purpose of the amendment was to provide a <br />remedy for development plans for which the 12- <br />month time limit had expired or was about to <br />expire. <br />Habitat for Humanity's proposal for revising the <br />phasing plan, if approved, would combine phases 3 <br />and 4 into a single remaining phase. Gemena Road <br />would be retained as a private rather than a <br />public road. <br />According to Section III -D -2 -e of the Subdivision <br />Regulations, the applicant is required to submit <br />a new application if he /she proposes to <br />substantially amend or modify his /her application <br />after the Board of Commissioners has approved the <br />Preliminary Plat. The Planning Staff considers <br />the request for a private road a major <br />modification to the preliminary plat approval <br />granted in February, 1988. If a private road is <br />necessary for the original Chestnut Oaks plan to <br />