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38 <br />CONDITION THREE -COMPLIANCE WTI.'H SPECIAL USE PERMIT REQUIREMENTS (A <br />new condition recommended by the Planning Board at their August 13, 2008 special meeting) <br />3. The applicant, regardless of the permitting jurisdiction for the project, shall comply with all SUP <br />requirements, as detailed herein. <br />CONDITION: PROPOSED BY: DEVELOPER RESPONSE: AD1VIIlVISTRATION <br />COM1VlENT: <br />Condition Three The Planning Board The applicant has informed staff that Delete condition <br /> developed and they are concerned that, in the event <br /> recommended approval that this area is annexed into the City City of Mebane and Orange <br />' of the condition at their of Mebane, there will be potential County are operating in <br /> August 13, 2008 meeting conflicts with the City of Mebane's accordance with existing <br /> regulations and the SUP regulations agreements. <br /> creating an untenable situation for <br /> them from an enforcement standpoint. <br /> The applicant believes that once they <br /> are annexed into the City of Mebane <br /> then it becomes the City's <br /> responsibility to decide what and how <br /> to deal with the SUP requirements. <br /> The applicant requests that this <br /> provision be eliminated due to the <br /> problems associated with multi- <br /> jurisdictional enforcement issues. <br />CONDIITON THREE A (3A) -OWNERSHIP AND MANAGEMENT: (Recommended by Staff <br />and the Attorney's office on September 8, 2008) <br />1. The property shall be owned by Buckhorn Road Associates LLC (hereafter `BRA') and/or their <br />successors who:: shall. bear the responsibility for ensuring compliance for all development within <br />BVPD-ED, as deemed herein, is consistent with any and all standards, development limitations, <br />permitting requirements, and other similar regulations as detailed herein, <br />2. BRA shall incorporate the various restrictions and/or permitting requirements associated with the <br />development of the BVPD-ED project into the leases and/or individual sale documents for either <br />.tenant lease areas or sale of outparcels, or land leases binding tenants/owners to the various <br />development standards for the BVPD-ED project as detailed herein. <br />Sales of outparcels, or the creation of individual development lots within any of the established <br />district boundaries, shall be limited in accordance with the various conditions detailed herein, <br />3. BRA shall post bonds and/or Letter(s) of Credit in amounts deemed sufficient for construction <br />projects to cover the costs associated with: <br />a. External roadway improvements. Bonds and/or Letter(s) of Credit shall be reviewed and <br />approved by NC DOT and Orange County in accordance with any and all applicable NC <br />DOT/Orange County policies and standards. <br />