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Commissioners to vote on eleven development projects

Posted Wednesday, July 12, 2006

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Pittsboro, NC - In addition to eleven public hearings, the Chatham county commissioners are scheduled to vote on eleven development projects during their Monday night commissioners' meeting. Those projects were reviewed and approved by the planning board on Tuesday.

Below is a list of the projects scheduled to be voted on:

PROJECT I. Request by Ticon Properties, LLC on behalf of Bryan & Helen Yates for subdivision sketch design approval of “Valley View”, consisting of 22 lots, on 44 acres, located off SR-1526, Andrews Store Road, Baldwin Township.

The developer is requesting sketch design review and approval for 22 lots. The property has a creek traversing the property which feeds into Polkberry Creek. A fifty foot water hazard buffer has been shown along the creek as required by the Watershed Protection Ordinance. Polkberry Creek has floodable area which is shown on the sketch plan. No structures, septic systems, repair areas or wells are allowed within floodable area. Useable lot area outside the state road right-of-ways, water hazard area, and flood area are shown. The lots are to be accessed off S. R. 1526, Andrews Store Road, byway of two public, state maintained roadways. Two separate roadways are proposed in order to avoid a road crossing of the creek. No lots will have direct access onto Andrews Store Road.

The sketch plan shows common open space along the creek to be owned and maintained by the homeowners association. There are some wetlands on the property which are also contained within the common open space.

County water is available and will be utilized. Lots will have individual septic systems and repair areas. Twelve (12) of the lots are proposed to have off-site septic areas as shown on the sketch plan. These off-site septic areas will be accessed by a common 30 foot wide utility easement. The off-site septic areas will be owned and maintained by the individual property owners and the 30 foot wide utility easement area will be owned and maintained by the homeowners association.

The owners of the property are retaining an exempt, over 10 acre tract surrounding their exiting home site to be accessed from Mann’s Chapel Road. In 1978, Mr. Yates, obtained from the Board of County Commissioners a conditional use permit for a heating and plumbing business on 2 acres of the parent tract. Per Mr. Yates, this business is no longer in operation. There is an existing cemetery on the parent tract which is shown on the sketch plan and will be a portion of the homeowners association common open space.

A 10 foot wide pedestrian easement for access to the cemetery along with a parking space have been designated on the sketch plan.

RECOMMENDATION: The Planning Department recommends granting sketch design approval of “Valley View” as submitted.

PROJECT II. Request by Jesse Fearrington for subdivision sketch design approval of “ Monterrane, Phase IV”, consisting of six (6) lots on 31 acres, located off S-R-1700, Mt. Gilead Church Road, Williams Township.

This project previously received sketch and preliminary design approval by the Board of County Commissioners for 6 lots in 2001. The project was not completed at that time; therefore, the developer is required to resubmit for sketch design review and approval.

There were two issues of concern at that time, access to the Haywood property to the north and public roads versus private roads.

This property is located in a RA-5 (3 acre minimum/ 5 acre average) zoning district and a WSIV-Protected Area watershed district. The property is to be accessed through existing Monterrane Subdivision which is served by a public state maintained road to the intersection of Valee Drive and Avanlant Drive, see attachment # 4. The road becomes a county standard private road at this intersection. This is also the point where the zoning district changes from RA-40 to RA-5.

ISSUES FOR FURTHER DISCUSSION AND ANALYSIS: The developer is requesting sketch design for six (6) lots to be accessed by a county standard private, paved road. The Subdivision Regulations states in Section 6.2 (D) (2) b. 5. “If a large lot
subdivision has 24 or less lots and the road is to be paved, then it shall be constructed to state standards although not designed to state standards.”

The sketch plan shows a “new 60’ private access easement” to the property to the south of Phillip W. Corn, 63 acres. During the recent review of the Cooper subdivision request off Hatley Road, the Board required a 50’ wide dedication of public right-of-way to the Corn property. The access from Cooper to Corn will require the crossing of Parker’s Creek. Staff also recommends a 60 foot wide dedication of private right-of-way and utility easement be provided to the property to the north, John Walton Haywood, 17 acres, and property to the east, Stanley V. Burnette, 22 acres and shown as such on the preliminary and final plans. At this time, properties of Corn, Haywood and Burnette appear to be landlocked properties. Although the sketch plan shows the cul-de-sac touching the Burnette property, there does not appear to be 60 feet of width as required for construction of a county standard private road.

County water is available to the project and will be utilized.

Each lot is proposed to have an individual septic system and repair area. In 2001 Mr. Fearrington obtained septic permits for each lot; however, those permits are due to expire in August, 2006. An updated soil report has been submitted for this review. Thomas Boyce, Chatham County Environmental Health Specialist has reviewed the updated report and found it adequate for sketch design review.

RECOMMENDATION: The Planning Department recommends granting sketch design approval for “Monterrane, Phase IV” with the following condition:

1. A 60 foot wide dedication of private right-of-way and utility easement shall be shown on the preliminary and final maps to the properties of Corn, Burnette, and Haywood.

PROJECT III. Request by Lewis T. Metty for subdivision sketch design approval of “Cedar Mountain”, consisting of 65 lots on 162 acres, located off SR-1540, Jones Ferry Road, Baldwin Township.

The developer is requesting sketch design review and approval of “Cedar Mountain”, consisting of 65 lots. Access is to be provided byway of existing, Cedar Grove Rd, a public, state maintained roadway, serving Cedar Grove Subdivision. The roads in Cedar Mountain are also proposed to be public, state maintained roadways. Although served by the same common access road, Cedar Grove and Cedar Mountain are to be considered separate subdivisions. Access to lots 3 & 4 and 7, 8 & 9 will be provided by 30 foot wide private easements off Cedar Grove Road.

Each lot is proposed to be served by individual wells and septic systems and repair areas. The soil report and map and sketch design plan both show that several of the lots will require off-site septic and repair areas. Utility easements from the lots to the off-site septic areas have been shown on the sketch plan. Thomas Boyce, Chatham County Environmental Health Soil Specialist, has reviewed the soil report and map, and found it adequate for sketch design.

The sketch plan shows a “30’ utility & pvt access esmt” at the end of Road # 3 to the eastern property boundary. Per Plat Slide 99-403 and 94-367there is an easement of record which provided ingress and egress access from the end of ‘Emily Lane’ to the subject property and property to the north, previously owned by Jane Durham Williams. This easement extends from Emily Lane across the property of Larry D. and Beatrice Runyan, Lot # 13 of The Hills of North Chatham, to the subject property . A roadway has been built on a portion of this easement to serve lots within Woodcrest Subdivision, shown on sketch plan map as PS-2003- 35 and PS-2002-361, previously Jane Durham Williams property. Emily Lane is a private road constructed to the county private road standards. Per the developer, the utility and private access easement shown on the sketch design plan, is to provide for emergency vehicle access only and is not intended for use by lot owners in Cedar Mountain. Tom Bender, Fire Marshall has reviewed the sketch plan and recommended that the access for emergency vehicles be constructed as a 16 foot wide, all weather travel surface and that there should be a commitment from the developer for the future upkeep and maintenance of the access.

Staff recommends that the right-of-way be widened to a minimum of 50 feet and also be labeled as dedication of public right-of-way. This may allow for possible interconnecting public roadways, if property owners within The Hills of North Chatham Subdivision decided in the future to upgrade their private road to public.

RECOMMENDATION: The Planning Department recommends granting sketch design approval of “Cedar Mountain” with the following conditions:

1. The emergency access easement be widened to a minimum of 50 feet and be labeled as “50 foot wide dedication of public right-of-way and emergency vehicle access”.

2. The emergency vehicle access shall be constructed to a minimum standard of a 16 foot wide, all weather travel surface. A note shall be placed on the preliminary and final plats detailing the standards to which said access is constructed and future upkeep and maintenance responsibilities.

IV. Request by Community Properties, Inc. on behalf of Hilda McBane for subdivision sketch design approval of “McBane Property Subdivision” ,consisting of 109 lots on 159 acres, located off S. R. 1520, Old Graham Road, Hadley Township.

This property is located off Old Graham Road, SR-1520, and north of proposed subdivision The Woodlands (formally Page, Grantham, Womble subdivisions) and west of existing Rock Rest and proposed The Bluffs. The property is located in an unzoned portion of Chatham County and a watershed district of WSIV-Protected Area.

ISSUES FOR FURTHER DISCUSSION AND ANALYSIS: The developer is requesting sketch design review and approval of 109 lots to be accessed by public, state maintained roadways. There are two proposed entrances, one is proposed across from existing Rock Rest Road, SR-1547 and one is to be situated across from a newly proposed private entrance into The Bluffs (sketch design approval was granted for The Bluffs on 5/15/06). The traffic assessment prepared by Ramey Kemp & Associates, attachment # 4, states in part “The intersections of Old Graham Road at Rock Rest Road /McBane Property site driveway and the proposed site driveways to the south would be expected to operate at an acceptable level of service upon full build out of the development.

In summary, The Bluffs and McBane Property developments are not expected to have a significant impact on adjacent roadways or intersections.”

The sketch plan shows a “proposed 60’ access easement” to the adjacent property of Winfred Lynn Check & Sharon C. Holland, 138 acres. Staff recommends this language be changed to read “60 foot dedication of public right-of-way” on the preliminary and final plats. Staff also recommends a dedication of public right-of-way be provided to the adjacent property of Kenneth & Cynthia Crossen, 49 acres and shown on the preliminary and final plats.

An Historical Records Review / Natural Heritage Program File Search – McBane Tract, dated June 14, 2006, has been prepared and submitted by Soil & Environmental Consultants, P.A.

Potable water and wastewater treatment is proposed to be provided by Heater Utilities, Inc., a private company. Staff has requested a verification letter from Heater Utilities. A note on the plat states “ blueline stream shown on USGS Map. Feature is not
jurisdictional per field review by USACE along with Soil & Environmental Consultants, P.A.” Based on this determination, the creek is not shown with a 50 foot water hazard buffer. Staff has requested a verification letter to this effect in order for the water hazard buffer not to be required. It is recommended this verification be submitted prior to preliminary plat review.

There is portion of the property along Dry Creek that is within the 100 year flood plain as noted on the sketch plan. All lots have a minimum of 40,000 square feet of useable area.

RECOMMENDATION: The Planning Department recommends granting sketch design approval of “McBane Property” with the following conditions:

1. Language on the preliminary and final plats shall be changed to read “60 foot dedication of public right-of-way”.

2. A 60 foot dedication of public right-of-way shall be shown to the adjacent property of Kenneth & Cynthia Crossen.

3. Staff shall receive, prior to preliminary plat submittal, a verification letter from the U.S. Army of Corps of Engineers or Soil & Environmental Consultants regarding status of blueline stream shown on sketch map.

PROJECT V. Request by Richard Fox for subdivision preliminary approval of “Hickory Downs”, consisting of 41 lots, on 167 acres, located off SR-1506, Bowers Store Road, Hickory Mountain Township.

The developer is requesting preliminary approval of 41 lots to be accessed by a 50 foot wide, public, state maintained roadway. The entrance, as shown on the preliminary plat, is off S. R. 1506, Bowers Store Road. No lots will be accessed off of U. S. Hwy 64. Agency approvals have been received as follows:
NCDOT Road Plan Approval April 12, 2006
NCDOT Commercial Driveway Permit January 31, 2006
Chatham County Erosion Control Permit April 17, 2006
Environmental Health,
Erosion Control Section
U.S. ARMY CORPS Notification of Jurisdictional April 27, 2006
OF ENGINEERS Determination (Wetlands)

Per the NCDOT road plan approval, “also note that for Road C to meet the density requirement, lot 10 must have their driveway on Road C.” Staff recommends that Lot 10 be accessed from Saddle Ridge Drive (Road C), to provide for future acceptance of said drive by NCDOT for maintenance. Staff recommends that access to Lots 35 and 39 be labeled as “private 30’ wide easement” on the final plat.

Per David Gainey, Soil & Environmental Consultants, P. A., no creek crossing permit is required from the U. S. Army Corps of Engineers. The preliminary plan indicates that access to Lot 35 may cross designated wetlands. See preliminary plan. Staff recommends that access to Lot 35 be designed not to impact designated wetlands and be shown as such on the final plat.

The Chatham County Emergency Operations Office has approved the road names ‘Hickory Downs Drive’, ‘Hunter Glen Lane’, and ‘Saddle Ridge Dr.’.

Staff recommends that the “60’ Dedication For Future Access” shown on the plat to the adjoining property of Chatham Farms, LLC, 312 acres, be changed on the final plat to read “60 foot wide public dedication of right of way” to provide for possible future public interconnecting roadways.

In lieu of a soil scientist report, the developer has worked directly with the Chatham County Environmental Health Office to obtain individual septic improvement permits for each lot. Per an e-mail from Thomas J. Boyce, R.S., L. S. S., Chatham County Environmental Health, “Hickory Downs Sub. has been completed as far as field work.

Each lot is approvable and permits are being written.” Individual permits for each lot will be provided with the final submittal. Each lot will be served by an individual well.

RECOMMENDATION: The Planning Department recommends granting preliminary plat approval of Hickory Downs with the following conditions:

1. Access to Lots 35 and 39 be labeled as “private 30’ wide easement” on the final plat.

2. Access to Lot 35 be designed not to impact designated wetlands and shown as such on the final plat.

3. The “60’ Dedication For Future Access” shown on the preliminary plat to the adjoining property of Chatham Farms, LLC, 312 acres, be changed on the final plat to read “60 foot wide public dedication of right of way” to provide for possible future public interconnecting roadways.

VI. Request by Darden Development, LLC for subdivision preliminary approval of “ Woodlands” (formally the Page and Grantham subdivisions as well as a portion of Womble subdivision on west side of Old Graham Road), consisting of 173 lots, on 242 acres, located off S. R. 1520, Old Graham Road, Hadley Township.

Approvals to date:
12-13-04: County Commissioner sketch design approval of “Page Subdivision”, consisting of 74 lots with a public roadway.
12-13-04: County Commissioner sketch design approval of “Womble Subdivision”, consisting of 56 lots with a public roadway.
12-12-05: County Commissioner sketch design approval of “Grantham Subdivision”, consisting of 74 lots with a public roadway.

ISSUES FOR FURTHER DISCUSSION AND ANALYSIS: The developer is requesting preliminary plat approval of “Woodlands”, consisting of 173 lots to be accessed by a public, state maintained roadway. The “Woodlands” is a combination of Page and Grantham subdivisions as well as a portion of Womble subdivision on west side of Old Graham Road. Sketch design approval dates are listed above. Lots are to be served by the Chapel Ridge wastewater treatment plant, owned and operated by a private utility company, Heater Utilities. Water is to be provided from the Town of Pittsboro through the private utility, Heater Utilities. A letter was provided by Heater Utilities during the sketch design review of each of the individual subdivisions stating that wastewater service and potable water supply would be provided by Heater Utilities.

During sketch design review the following reports / analysis were submitted for review by the Planning Board and Board of County Commissioners:
Page: -Historical Records Review /Natural Heritage Program File Search, prepared by Soil & Environmental Consultants
-Traffic Assessment prepared by Ramey Kemp & Associates
-Economic Assessment, prepared by Lucy Gallo, Miley, Gallo & Associates
Womble: -Historical Records Review/ Natural Heritage Program File Search, prepared by Soil & Environmental Consultants
-Economic Assessment prepared by Lucy Gallo, Miley, Gallo & Associates
-Traffic Assessment, prepared by Ramey Kemp & Associates, Inc.
Grantham: -Fiscal Impact Analysis
-Letter Report; Archaeological Assessment, prepared by Brockington and Associates

During sketch design review of the Womble Subdivision, a condition of approval by the Board of County Commissioners required that prior to ground disturbing activities the developer shall have a preliminary reconnaissance archaeological survey performed by a qualified archaeologist. The results of the survey shall be provided prior to ground disturbing activities. If significant sites are located, they shall be documented prior to ground disturbing activities in the area or concern. This report was completed on
February 8, 2005.

Agencies approvals required for preliminary review have been received as follows:
NCDWQ Pressure Sewer Extension June 21, 2006
NCDWQ Wastewater Collection Permit June 21, 2006
NCDWQ Authorization to Construct April 27, 2006
Water System
Chatham County Erosion Control Permit June 30, 2006
Division of Environmental Health
Soil Erosion and Sedimentation Control
NCDOT Commercial Driveway Permit June 24, 2006
NCDOT Encroachment Agreement June 24, 2006
U.S. ARMY CORPS OF ENGINEERS Creek Crossing Permit April 26, 2006


PROJECT VII. Request by Bynum Ridge, LLC on behalf of Polk-Sullivan, LLC for subdivision preliminary approval of “The Sanctuary at Haw River” Phase One, (f/k/a Williams Pond), consisting of 121 lots , on 376 acres, located off SR-1711, Bynum Ridge Road, Baldwin Township.

The developer is requesting preliminary review and approval of Phase I, consisting of 121 lots to be accessed by private roads built to the NC DOT standards for the terrain classification of hilly conditions. Agency approvals as required for preliminary plat approval have been received as follows:

NC DOT Commercial Driveway Permit December 19, 2005
NC DOT Encroachment Agreement December 06, 2005
NCDENR Erosion Control Permit July 29, 2005
Williams Pond – clearing and grubbing – entire project
NCDENR Erosion Control Permit January 12, 2006
Williams Pond Offsite Water Main
Chatham County Erosion Control Permit June 30, 2006
Erosion Control Phase I
U.S. Army Corps of Engineers Creek Crossing Permit February 01, 2005
NCDWQ 401 Water Quality Permit November 19, 2004
Chatham County Public WorksWater Line Construction January 10, 2006
NCDENR Authorization to Construct January 18, 2006
Water Line Construction
Copies of the above listed permits may be found on the county web site at www.co.chatham.nc.us then click on Planning, 2006, The Sanctuary at Haw River (formally Williams Pond).

The Chatham County Emergency Operations Office has approved the following road names for Phase I: Bear Island Trail, Birch Bark Lane, Frontier Woods Trail, Saddle Creek Lane, Haw Bluffs Drive, Mill Pond Place, Indian Point Lane, River Refuge Road, Chapel Creek Lane, Drakes Meadow Drive, Herons Ridge Lane, Swift Creek Place, Sanctuary Ridge Road, and Headwater Trail. Road names will be shown on the final plat.

Staff has reviewed conditions required by the conditional use permit approval. See attachment 2 (c) above. Conditions, 1, 2, 3, 4, 5, 6, and 8 have been met for Phase I. Condition 7 will be required to be met prior to final plat approval. Conditions 9 – 26 will be reviewed by staff for compliance prior to the issuance of a Zoning Determination Permit (building permit) and / or prior to issuance of the first certificate of occupancy.

RECOMMENDATIONS: The Planning Department recommends granting approval of the road names as stated above and granting preliminary plat approval of “The Sanctuary at Haw River, Phase I” (formally Williams Pond).

VIII. Request by Michael D. Poe for subdivision final plat approval of “Cattail Creek Subdivision”, Phase 4, Lots 23 – 38, consisting of 16 lots on 32 acres, located off S. R. 1506, White Smith Road, Hadley Township.

The developer is requesting final plat approval of Cattail Creek, Phase 4, Lots 23 – 38. A financial guarantee has been submitted to the county attorney for review, for the completion of the construction of the public roadway and seeding and mulching of road shoulders for Phase 4. Septic improvement permits have been received from the Chatham County Health Department, Environmental Health Division, for Lots 23 – 38. The plat displays the necessary information.

RECOMMENDATION: The Planning Department recommends granting final plat approval of Cattail Creek, Phase 4, Lots 23 – 38 with the following condition:

1. The final plat not be recorded until the financial guarantee has been approved by the county attorney.

IX. Request by Pittsboro Volunteer Fire and Rescue Department, Inc. for sketch, preliminary, and final approval of one (1) non-residential subdivision lot, consisting of one (1) lot on five (5) acres, located off SR-1520, Old Graham Road.

This request is for sketch, preliminary and final approval of one (1) non-residential lot of approximately 5 acres for the Pittsboro Volunteer Fire and Rescue Department. The Chatham County Subdivision Regulations state in part in Section 6.4 C (3) “Land subdivided for commercial, institutional or industrial use shall follow the major subdivision procedure with preliminary plat review by the Board of County Commissioners.” Please review the entire section for complete language. The proposed property location is in a portion of Chatham County zoned RA-5 (3 acre minimum with a 5 acre average). Fire stations and emergency medical facilities with a minimum lot area of three acres are allowed by right within said zoning district provided that all buildings, structures and high intensity activity areas are setback a minimum of two times the minimum yard requirement of the
district.

As shown on the site plan, a portion of the proposed lot is subject to the 100 year flood plain. Notes E and F shown on the site plan, address the floodable area. All development activity is located outside of the 100 year flood plain.

The property is located within a WSIV-Protected Area watershed district. The Chatham County Watershed Protection Ordinance states in part in Section 302 (E) (b) “All other Residential and Non-Residential—development shall not exceed twenty-four percent (24%) built-upon area on a project by project basis. For projects without a curb and gutter street system, development shall not exceed thirty-six percent (36%) built-upon area on a project by project basis”. Per the site plan, the impervious surface area proposed to be covered is approximately 9% of the lot area. The site plan indicates that stormwater retention is proposed to retain the first half inch of rain fall on site as currently required by the Subdivision Regulations . Staff recommends that the retention pond be increased to accommodate a 2 year/24 hour storm. On previous conditional use requests, we have recommended the 2 year/24 hour storm retention; however, this is not a zoning request.

Town of Pittsboro water is available to the site and will be utilized. A septic improvement permit for the site and use requested has been issued by The Chatham County Health Department, Environmental Health Division.

The site plan was reviewed by the Chatham County Appearance Commission at their June 14, 2006 meeting. Recommendations from said meeting have been incorporated into the site plan.

The commercial driveway location has been reviewed by NCDOT and found to be acceptable. Staff recommends that the building permit not be issued until staff has received a copy of the commercial driveway permit from NCDOT.

RECOMMENDATION: The Planning Department recommends granting the request for “Pittsboro Fire Station” for the creation of one non-residential lot with the following conditions:

1. Prior to issuance of the building permit, the site plan shall be revised to indicate that the retention pond is sized to accommodate a 2 year / 24 hour storm.

2.Prior to issuance of the building permit, staff shall be provided with a copy of the commercial driveway permit.

3.Prior to issuance of the certificate of occupancy of the structure or at the first optimal planting season, all landscaping shown on the site plan shall be completed. All landscaping shall be maintained properly in the future and shall be replaced as needed.

4.All lighting shall conform to the draft Chatham County Lighting Ordinance.

5. Signage shall be a noted on the site plan.

X. Request by HBP Properties for final plat approval of “Legend Oaks, Phase One”, consisting of 31 lots on 64 acres, located off U. S. Hwy 15-501 N., Williams Township.

The developer is requesting final plat approval of Legend Oaks, Phase One, consisting of 31 lots to be accessed by a public, state maintained roadway. During the approval process for the adjoining project, Williams Corner, it was agreed between property owners that there would be a shared entrance between the two projects. This shared entrance is shown on the Phase One final plat. A ‘Subdivision Entrance Agreement and Easement” has been entered into by both parties, Brantley Powell, developer of Legend Oaks, and Travis Blake, developer of Williams Corner for the construction of the shared entrance. A financial guarantee has been submitted for review by the county attorney for the completion of the public roadway and seeding and mulching of the road shoulders for Phase One. Per Trenton Stewart, P. E. Arcadia Consulting Engineers, PLLC , the water line construction for Phase One has been completed and is not required to be bonded.

Lots will be served by county water. Individual septic improvement permits for Phase One have been issued by The Chatham County Health Department, Environmental Health Division.

The plat displays the necessary information.

RECOMMENDATION: The Planning Department recommends granting final plat approval of Legend Oaks, Phase One with the following condition:

1. The plat not be recorded until the county attorney has approved the financial guarantee.

XI. Request by Contentnea Creek Development Co. for subdivision final plat approval of “Windfall Creek, Phase II”, consisting of eight lots on 43 acres, located off SR-1716, Big Woods Road, New Hope Township.

Approvals to date:
9/20/04: County Commissioner sketch design approval of 55 lots.
6/20/05: County Commissioner sketch and preliminary design approval of 55 lots.
10/17/05: County Commissioner final plat approval of Phase I, consisting of 14 lots.

ISSUES FOR FURTHER DISCUSSION AND ANALYSIS: The developer is requesting final plat approval of Phase II consisting of eight lots to be accessed by a public, state maintained roadway. A financial guarantee in the form of a Performance Bond for the completion of the roadway plus the water line connection over a culvert within Phase II has been submitted to the county attorney for review and approval.

County water is available and is being utilized. Septic improvement permits for Lots 15, and 49 – 55 have been received from the Chatham County Health Department, Environmental Health Division.

The plat displays the necessary information.

RECOMMENDATION: The Planning Department recommends granting final plat approval of “Windfall Creek, Phase II” with the following condition:

1. The plat not be recorded until the county attorney has approved the financial guarantee.

 
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