3.2.22 Planning Board Packet - Laserfiche WebLink

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93 Construction involves the installation of a 23'- 0" by 6'1" Corrugated Aluminum Box Culvert (CABC) within the 60-foot right-of-way(ROW) of Lodge Trail to allow for the stream crossing. After reviewing the submittal(s) in accordance with the provisions of Section(s) 2.20, 6.13, and 6.21 of the UDO, staff hereby APPROVES WITH CONDITIONS the proposal and issues a Stream Buffer Use Authorization Certificate allowing for the installation of the proposed roadway/CABC within identified stream and floodplain buffers on the previously identified parcels as part of the project subject to the following conditions: a. The issuance of this use authorization certificate does not alter, waive, or exempt the applicant from complying with applicable conditions associated with the approval of the Preliminary Plat by the Orange County Board of Commissioners on April 6,2010; b. Prior to the commencement of land disturbing activities, applicant's shall secure any and all local, State, or Federal permits required for the project including but not limited to: i. US Army Corps of Engineers; ii. Orange County Erosion Control; iii. Orange County Stormwater; iv. NC Department of Transportation. c. The issuance of this use authorization certificate does not exempt the applicant from complying with Section 6.21.5 (B) (4) (b) of the UDO, specifically: `Before any building permit can be issued for the improvements associated with the crossing, an approved Letter of Map Revision shall be on file in the Planning and Inspections Department'. In issuing this use authorization certificate, staff has determined the following: 1. Per Section(s) 5.2.1 and 6.13 of the UDO public and privates streets, bridges, railroad rights- of-way, and other similar travel ways are permitted uses of property within identified stream buffers provided said crossings enter and exit the buffer area as nearly perpendicular as possible; STAFF DETERMINATION: The proposed roadway crossing does enter/exit the required buffer area as nearly perpendicular as possible. 2. The applicant has initiated the floodplain development permit process indicating the project complies with applicable provisions of the UDO; 3. The proposed activity, as detailed within the project development file demonstrates there are "no practical alternatives"with respect to the location of the proposed roadway. Issuance of this use authorization certificate does not authorize development inconsistent with the approved site plan, including removal of stream/floodplain buffer not expressly identified as being subject to elimination, as contained within the project development file or data reviewed as part of the floodplain development permit application. Deviations from the approved plan(s) shall result in enforcement action being taken consistent with the UDO. i i� 3 i i