Xxxxxx Creek Preserve. The Developer Owner shall provide an 85 acre open space tract that includes all lands as shown on Exhibit A and Exhibit O. hereinafter referred to as the “Xxxxxx Creek Preserve,” including a portion of property owned by the Town of Chapel Hill (see Exhibits M and O). The Xxxxxx Creek Preserve shall extend from the outer limit of the managed use zone of the Resource Conservation District on the west side of Xxxxxx Creek to the eastern property limits of the Property and shall include a buffer strip along the southern boundary west of Xxxxxx Creek. The tract shall be owned by the Town of Chapel Hill. The Town shall further protect all or portions of the Xxxxxx Creek Preserve by granting a conservation easement(s) to a third party or other means approved by the Town Manager. Once it is deeded, any further trails or development in the Preserve shall be identified and paid for by the Town, consistent with the terms of any conservation easements. The Developer Owner shall be obligated to maintain only the trails that are agreed to as part of the Agreement. The Master Owners Association shall be responsible for all maintenance activities within the Xxxxxx Creek Preserve. The Developer Owner shall make minimal changes to the hardwood tree cover. The following allowable uses and activities within the Xxxxxx Creek Preserve shall be in general keeping with Exhibit J. All uses described shall be consistent with plans and procedures approved by the Town Manager. Grading and restoration of the quarry area using clean soil, sand, gravel and stone from the development site; Natural surface trails; One pedestrian bridge; Maintenance access ways; Picnic shelters, areas and support facilities; Forest management; Stormwater management associated with approved uses in the Preserve; Invasive plant species management; Maintenance; and Other uses as approved by the Town Manager. The Developer Owner or Representative shall provide a minimum six (6)-foot-wide pedestrian bridge over Xxxxxx Creek as the access point for users of the Xxxxxx Creek Preserve. A maximum of one (1) bridge is allowed, and the bridge shall be constructed of cor-ten steel or similar, have concrete decking, and shall be designed to handle light maintenance equipment. The exact location and specifications of the bridge must be approved by the Town Manager. The Developer Owner shall construct a minimum of 8,000 linear feet of natural and/or gravel surface trails within the Xxxxxx Creek Preserve. The trails shall roughly conform to the trails plan in Exhibit J. The Town and Developer Owner or Representative may change the trail plan in order to maximize user enjoyment, expand the trail system, preserve the environment, avoid trees, avoid drainage and erosion issues, and to provide a better trail plan. Trails will be primarily field located. The natural surface trails will have limited accessibility for mobility-impaired individuals. The final trail plans must be approved by the Town Manager. The trail plan will likely evolve with time with resultant changes to the trail system to promote user and environmental benefits. The Town shall have the right to make emergency repairs and charge the cost of those repairs to the Developer Owner or Representative in the event that the Town determines that the Master Owners Association has not maintained greenways and sidepaths to the extent needed to assure proper and safe functioning of the facilities. The Developer Owner or Representative shall post appropriate signage to assist trail users and other purposes. A signage plan must be approved by the Town Manager prior to implementation. No signs shall be mounted directly on trees. The Developer Owner or Representative shall survey and sign the boundaries of the Xxxxxx Creek Preserve. Signs shall indicate that the Property is owned by the Town for open space purposes and shall be placed approximately every 100 feet along the Property line. Upon completion of the boundary survey, Town staff shall walk the property line and approve the boundary markings prior to Town’s acceptance of the property. The Town shall exchange a portion of the Town-owned property surrounded by the Developed Property (see Exhibits M and O) for the dedication of the Xxxxxx Creek Preserve which provides a greater recreation benefit to the Town of Chapel Hill than the portion of land to be exchanged. Furthermore, the additional benefits accrued to the Town through this exchange and this Agreement provide a substantial increase in overall benefits, including recreation, to the Town and its residents. The exchange also provides an increased benefit to surrounding property owners not in the Town, consistent with and in expansion of the original intent met through dedication of this property to the Town as recreation space when those subdivisions were approved. Roads, utilities, sidewalks, bicycle facilities, and other support facilities shall be allowed within the strip of land that is adjacent to US Highway 15-501 and lies west of Xxxxxx Creek and along the southern border of the Developed Property. This strip shall be considered a buffer area, but not a preservation area. The Developer Owner or Representative shall maintain the Xxxxxx Creek Preserve beyond the expiration of this Agreement. Quarry Restoration. Clean soil, sand, gravel and stone from the Developed Property site may be used as fill in the restoration of the quarry area. The fill material must be placed in a stable manner, have a final layer of top soil and a final slope of 3:1 or less unless design includes a slope stability analysis, which confirms and documents that a steeper slope will be stable. In no condition, however, can any fill slope be steeper than 2:1. Large stone (stone that cannot be used as fill material) from the Developed Property site may be placed in the quarry area in a manner consistent with the approved uses, restoration plan and function of the public area. The sheer edges in the quarry area shall be reduced to best of the Developer Owner or Representative’s ability while balancing environmental needs. A restoration plan must be submitted and approved by the Town Manager prior to any land disturbance activity. The restoration plan must include: Proposed grading plan – Including locations of fill and lift depth, final slopes, acceptable fill materials, runoff management, and slope stabilization methods. An invasive species management plan – Including target species, methods of control, timelines and schedules, monitoring, potential adaptive management and duration, and responsible parties. A forest restoration plan – Including soil analysis and amendment; tree, shrub, and understory species planting schedule and details (including replanting as necessary); monitoring; potential adaptive management and duration; and responsible parties. Overflow/outflow management for the pond directly in the restoration area – Including determination of current outflow conditions and locations, need for stabilization of water level and outflow channels. Restoration shall be generally in keeping with Exhibit P. The Quarry shall not be opened to the public until such time as remediation efforts have made the area safe for public use.
Appears in 1 contract
Samples: Development Agreement
Xxxxxx Creek Preserve. Updated information (April 30, 2015) The Developer Owner shall provide an 85 acre open space tract that includes all lands as shown on Exhibit A and Exhibit O. J hereinafter referred to as the “Xxxxxx Creek Preserve,.” including a portion of property owned by the Town of Chapel Hill (see Exhibits M and O). The Xxxxxx Creek Preserve shall extend from the outer limit of the managed use zone of the Resource Conservation District on the west side of Xxxxxx Creek to the eastern property limits of the Property and shall include a buffer strip along the southern boundary west of Xxxxxx Creek. The tract shall be owned by the Town of Chapel Hill. The Town shall may choose to further protect all or portions of the Xxxxxx Creek Preserve by granting a conservation easement(s) to a third party or other means approved by the Town Manager. Once it is deeded, any further trails or development in the Preserve shall be identified and paid for by the Town, consistent with the terms of any conservation easements. The Developer Owner shall be obligated to maintain only the trails that are agreed to as part of the Agreement. The Master Owners Association shall be responsible for all maintenance activities within the Xxxxxx Creek Preserve. The Developer Owner shall make minimal changes to the hardwood tree cover. The following allowable uses and activities within the Xxxxxx Creek Preserve shall be in general keeping with Exhibit J. E. All uses described shall be consistent with plans and procedures approved by the Town Manager. Grading and restoration of the quarry area using clean soil, sand, gravel and stone from the development site; Natural surface trails; One pedestrian bridge; Maintenance access ways; Picnic shelters, areas and support facilities; Forest management; Stormwater management associated with approved uses in the Preserve; Invasive plant species management; Maintenance; and Other uses as approved by the Town Manager. The Developer Owner or Representative shall provide a minimum six (6)-foot-6) feet wide pedestrian bridge over Xxxxxx Creek as the access point for users of the Xxxxxx Creek Preserve. A maximum of one (1) bridge is allowed, and the bridge shall be constructed of cor-ten steel or similar, have concrete decking, and shall be designed to handle light maintenance equipment. The exact location and specifications of the bridge must be approved by the Town Manager. The Developer Owner shall construct a minimum of 8,000 linear feet of natural and/or gravel surface trails within the Xxxxxx Creek Preserve. The trails shall roughly conform to the trails plan in Exhibit J. E. The Town and Developer Owner or Representative may change the trail plan in order to maximize user enjoyment, expand the trail system, preserve the environment, avoid trees, avoid drainage and erosion issues, and to provide a better trail plan. Trails will are likely to be primarily field located. The final trail plan must be approved by the Town Manager. It is acknowledged by both parties that the natural surface trails will have limited accessibility for mobility-impaired individuals. The final trail plans must be approved by the Town Manager. The trail plan will likely evolve with time with resultant changes to the trail system to promote user and environmental benefits. The Town shall have the right to make emergency repairs and charge the cost of those repairs to the Developer Owner or Representative in the event that the Town determines that the Master Owners Association has not maintained greenways and sidepaths to the extent needed to assure proper and safe functioning of the facilities. The Developer Owner or Representative shall post provide appropriate signage to assist trail users and other purposes. A signage plan must be approved by the Town Manager prior to implementation. No signs shall be mounted directly on trees. The Developer Owner or Representative shall survey and sign the boundaries of the Xxxxxx Creek Preserve. Signs shall indicate that the Property is owned by the Town for open space purposes and shall be placed approximately every 100 feet along the Property line. Upon completion of the boundary survey, Town staff shall walk the property line and approve the boundary markings prior to Town’s acceptance of the property. [OBEY CREEK: The Town shall exchange a portion of the Town-owned property surrounded provide all necessary signs for placement by the Developed Property (see Exhibits M and O) for the dedication of the Xxxxxx Creek Preserve which provides a greater recreation benefit to the Town of Chapel Hill than the portion of land to be exchanged. Furthermore, the additional benefits accrued to the Town through this exchange and this Agreement provide a substantial increase in overall benefits, including recreation, to the Town and its residents. The exchange also provides an increased benefit to surrounding property owners not in the Town, consistent with and in expansion of the original intent met through dedication of this property to the Town as recreation space when those subdivisions were approved. Roads, utilities, sidewalks, bicycle facilities, and other support facilities shall be allowed within the strip of land that is adjacent to US Highway 15-501 and lies west of Xxxxxx Creek and along the southern border of the Developed Property. This strip shall be considered a buffer area, but not a preservation area. The Developer Owner or Representative shall maintain the Xxxxxx Creek Preserve beyond the expiration of this Agreement. Representative.] Quarry Restoration. Clean soil, sand, gravel and stone from the Developed Property site may be used as fill in the restoration of the quarry area. The fill material must be placed in a stable manner, have a final layer of top soil and a final slope of 3:1 or less unless design includes a slope stability analysis, which confirms and documents that a steeper slope will be stable. In no condition, however, can any fill slope be steeper than 2:1. Large stone (stone that cannot be used as fill material) from the Developed Property site may be placed in the quarry area in a manner consistent with the approved uses, restoration plan and function of the public area. The sheer edges in the quarry area shall should be reduced to best of the Developer Owner or Representative’s ability while balancing environmental needs. A restoration plan must be submitted and approved by the Town Manager prior to any land disturbance activity. The restoration plan must include: Proposed grading plan – Including locations of fill and lift depth, final slopes, acceptable fill materials, runoff management, and slope stabilization methods. An invasive species management plan – Including target species, methods of control, timelines and schedules, monitoring, potential adaptive management and duration, and responsible parties. A forest restoration plan – Including soil analysis and amendment; tree, shrub, and understory species planting schedule and details (including replanting as necessary); monitoring; potential adaptive management and duration; and responsible parties. Overflow/outflow management for the pond directly in the restoration area – Including determination of current outflow conditions and locations, need for stabilization of water level and outflow channels. Restoration shall be generally in keeping with Exhibit P. The Quarry shall not be opened to the public until such time as remediation efforts have made the area safe for public use.K.
Appears in 1 contract
Samples: Development Agreement
Xxxxxx Creek Preserve. Updated information (April 9, 2015) The Developer Owner shall provide an 85 acre open space tract that includes all lands as shown on Exhibit A and Exhibit O. H hereinafter referred to as the “Xxxxxx Creek Preserve,.” including a portion of property owned by the Town of Chapel Hill (see Exhibits M and O). The Xxxxxx Creek Preserve shall extend from the outer limit of the managed use zone of the Resource Conservation District on the west side of Xxxxxx Creek to the eastern property limits of the Property and shall include a buffer strip along the southern boundary west of Xxxxxx CreekProperty. The tract shall be owned by the Town of Chapel Hill. The Town shall may choose to further protect all or portions of the Xxxxxx Creek Preserve by granting a conservation easement(s) to a third party or other means approved by the Town Manager. Once it is deeded, any further trails or development in the Preserve shall be identified and paid for by the Town, consistent with the terms of any conservation easements. The Developer Owner shall be obligated to maintain only the trails that are agreed to as part of the Agreement. The Master Owners Association shall be responsible for all maintenance activities within the Xxxxxx Creek Preserve. The Developer Owner shall make minimal changes to the hardwood tree cover. The following allowable uses and activities within the Xxxxxx Creek Preserve shall be in general keeping with Exhibit J. B. All uses described shall be consistent with plans and procedures approved by the Town Manager. Grading and restoration of the quarry area using clean soil, sand, gravel and stone from the development site; Natural surface trails; One pedestrian bridge; Maintenance access ways; Picnic shelters, areas and support facilities; Forest management; Stormwater management associated with approved uses in the Preserve; Invasive plant species management; Maintenance; and Other uses as approved by the Town Manager. The Developer Owner or Representative shall provide a minimum six (6)-foot-6) feet wide pedestrian bridge over Xxxxxx Creek as the access point for users of the Xxxxxx Creek Preserve. A maximum of one (1) bridge is allowed, and the bridge shall be constructed of cor-ten steel or similar, have concrete decking, and shall be designed to handle light maintenance equipment. The exact location and specifications of the bridge must be approved by the Town Manager. The Developer Owner shall construct a minimum of 8,000 linear feet of natural and/or gravel surface trails within the Xxxxxx Creek Preserve. The trails shall roughly conform to the trails plan in Exhibit J. B. The Town and Developer Owner or Representative may change the trail plan in order to maximize user enjoyment, expand the trail system, preserve the environment, avoid trees, avoid drainage and erosion issues, and to provide a better trail plan. Trails will are likely to be primarily field located. The final trail plan must be approved by the Town Manager. It is acknowledged by both parties that the natural surface trails will have limited accessibility for mobility-impaired individuals. The final trail plans must be approved by the Town Manager. The trail plan will likely evolve with time with resultant changes to the trail system to promote user and environmental benefits. The Town shall have the right to make emergency repairs and charge the cost of those repairs to the Developer Owner or Representative in the event that the Town determines that the Master Owners Association has not maintained greenways and sidepaths to the extent needed to assure proper and safe functioning of the facilities. The Developer Owner or Representative shall post provide appropriate signage to assist trail users and other purposes. A signage plan must be approved by the Town Manager prior to implementation. No signs shall be mounted directly on trees. The Developer Owner or Representative shall survey and sign the boundaries of the Xxxxxx Creek Preserve. Signs shall indicate that the Property property is owned by the Town for open space purposes and shall be placed approximately every 100 feet along the Property line. Upon completion of the boundary survey, Town staff shall walk the property line and approve the boundary markings prior to Town’s acceptance of the property. [OBEY CREEK: The Town shall exchange a portion of the Town-owned property surrounded provide all necessary signs for placement by the Developed Property (see Exhibits M and O) for the dedication of the Xxxxxx Creek Preserve which provides a greater recreation benefit to the Town of Chapel Hill than the portion of land to be exchanged. Furthermore, the additional benefits accrued to the Town through this exchange and this Agreement provide a substantial increase in overall benefits, including recreation, to the Town and its residents. The exchange also provides an increased benefit to surrounding property owners not in the Town, consistent with and in expansion of the original intent met through dedication of this property to the Town as recreation space when those subdivisions were approved. Roads, utilities, sidewalks, bicycle facilities, and other support facilities shall be allowed within the strip of land that is adjacent to US Highway 15-501 and lies west of Xxxxxx Creek and along the southern border of the Developed Property. This strip shall be considered a buffer area, but not a preservation area. The Developer Owner or Representative shall maintain the Xxxxxx Creek Preserve beyond the expiration of this Agreement. Representative.] Quarry Restoration. Clean soil, sand, gravel and stone from the Developed developed Property site may be used as fill in the restoration of the quarry area. The fill material must be placed in a stable manner, have a final layer of top soil and a final slope of 3:1 or less unless design includes and a slope stability analysis, which confirms and documents that a steeper slope will be stable. In no condition, however, can any fill slope be steeper than 2:1final layer of top soil. Large stone (stone that cannot be used as fill material) from the Developed developed Property site may be placed in the quarry area in a manner consistent with the approved uses, restoration plan and function of the public area. The sheer edges in the quarry area shall should be reduced to best of the Developer Owner or Representative’s ability while balancing environmental needs. A restoration plan must be submitted and approved by the Town Manager prior to any land disturbance activity. The restoration plan must include: Proposed grading plan – Including locations of fill and lift depth, final slopes, acceptable fill materials, runoff management, and slope stabilization methods. An invasive species management plan – Including target species, methods of control, timelines and schedules, monitoring, potential adaptive management and duration, and responsible parties. A forest restoration plan – Including soil analysis and amendment; tree, shrub, and understory species planting schedule and details (including replanting as necessary); monitoring; potential adaptive management and duration; and responsible parties. Overflow/outflow management for the pond directly in the restoration area – Including determination of current outflow conditions and locations, need for stabilization of water level and outflow channels. Restoration shall be generally in keeping with Exhibit P. The Quarry shall not be opened to the public until such time as remediation efforts have made the area safe for public useC: Restoration Area Map.
Appears in 1 contract
Samples: Development Agreement
Xxxxxx Creek Preserve. Updated information (April 2, 2015) The Developer Owner shall provide an 85 acre open space tract that includes all lands as shown on Exhibit A and Exhibit O. H hereinafter referred to as the “Xxxxxx Creek Preserve,.” including a portion of property owned by the Town of Chapel Hill (see Exhibits M and O). The Xxxxxx Creek Preserve shall extend from the outer limit of the managed use zone of the Resource Conservation District on the west side of Xxxxxx Creek to the eastern property limits of the Property and shall include a buffer strip along the southern boundary west of Xxxxxx CreekProperty. The tract shall be owned by the Town of Chapel Hill. The Town shall may choose to further protect all or portions of the Xxxxxx Creek Preserve by granting a conservation easement(s) to a third party or other means approved by the Town Manager. Once it is deeded, any further trails or development in the Preserve shall be identified and paid for by the Town, consistent with the terms of any conservation easements. The Developer Owner shall be obligated to maintain only the trails that are agreed to as part of the Agreement. The Master Owners Association shall be responsible for all maintenance activities within the Xxxxxx Creek Preserve. The Developer Owner shall make minimal changes to the hardwood tree cover. The following allowable uses and activities within the Xxxxxx Creek Preserve shall be in general keeping with Exhibit J. B. All uses described shall be consistent with plans and procedures approved by the Town Manager. Grading and restoration of the quarry area using clean soil, sand, gravel and stone from the development site; Natural surface trails; One pedestrian bridge; Maintenance access ways; Picnic shelters, areas and support facilities; Forest management; Stormwater management associated with approved uses in the Preserve; Invasive plant species management; Maintenance; and Other uses as approved by the Town Manager. The Developer Owner or Representative shall provide a minimum six (6)-foot-6) feet wide pedestrian bridge over Xxxxxx Creek as the access point for users of the Xxxxxx Creek Preserve. A maximum of one (1) bridge is allowed, and the bridge shall be constructed of cor-ten steel or similar, have concrete decking, and shall be designed to handle light maintenance equipment. The exact location and specifications of the bridge must be approved by the Town Manager. The Developer Owner shall construct a minimum of 8,000 linear feet of natural and/or gravel surface trails within the Xxxxxx Creek Preserve. The trails shall roughly conform to the trails plan in Exhibit J. B. The Town and Developer Owner or Representative may change the trail plan in order to maximize user enjoyment, expand the trail system, preserve the environment, avoid trees, avoid drainage and erosion issues, and to provide a better trail plan. Trails will are likely to be primarily field located. The final trail plan must be approved by the Town Manager. It is acknowledged by both parties that the natural surface trails will have limited accessibility for mobility-impaired individuals. The final trail plans must be approved by the Town Manager. The trail plan will likely evolve with time with resultant changes to the trail system to promote user and environmental benefits. The Town shall have the right to make emergency repairs and charge the cost of those repairs to the Developer Owner or Representative in the event that the Town determines that the Master Owners Association has not maintained greenways and sidepaths to the extent needed to assure proper and safe functioning of the facilities. The Developer Owner or Representative shall post provide appropriate signage to assist trail users and other purposes. A signage plan must be approved by the Town Manager prior to implementation. No signs shall be mounted directly on trees. The Developer Owner or Representative shall survey and sign the boundaries of the Xxxxxx Creek Preserve. Signs shall indicate that the Property property is owned by the Town for open space purposes and shall be placed approximately every 100 feet along the Property line. Upon completion of the boundary survey, Town staff shall walk the property line and approve the boundary markings prior to Town’s acceptance of the property. [OBEY CREEK: The Town shall exchange a portion of the Town-owned property surrounded provide all necessary signs for placement by the Developed Property (see Exhibits M and O) for the dedication of the Xxxxxx Creek Preserve which provides a greater recreation benefit to the Town of Chapel Hill than the portion of land to be exchanged. Furthermore, the additional benefits accrued to the Town through this exchange and this Agreement provide a substantial increase in overall benefits, including recreation, to the Town and its residents. The exchange also provides an increased benefit to surrounding property owners not in the Town, consistent with and in expansion of the original intent met through dedication of this property to the Town as recreation space when those subdivisions were approved. Roads, utilities, sidewalks, bicycle facilities, and other support facilities shall be allowed within the strip of land that is adjacent to US Highway 15-501 and lies west of Xxxxxx Creek and along the southern border of the Developed Property. This strip shall be considered a buffer area, but not a preservation area. The Developer Owner or Representative shall maintain the Xxxxxx Creek Preserve beyond the expiration of this Agreement. Quarry Restoration. Clean soil, sand, gravel and stone from the Developed Property site may be used as fill in the restoration of the quarry area. The fill material must be placed in a stable manner, have a final layer of top soil and a final slope of 3:1 or less unless design includes a slope stability analysis, which confirms and documents that a steeper slope will be stable. In no condition, however, can any fill slope be steeper than 2:1. Large stone (stone that cannot be used as fill material) from the Developed Property site may be placed in the quarry area in a manner consistent with the approved uses, restoration plan and function of the public area. The sheer edges in the quarry area shall be reduced to best of the Developer Owner or Representative’s ability while balancing environmental needs. A restoration plan must be submitted and approved by the Town Manager prior to any land disturbance activity. The restoration plan must include: Proposed grading plan – Including locations of fill and lift depth, final slopes, acceptable fill materials, runoff management, and slope stabilization methods. An invasive species management plan – Including target species, methods of control, timelines and schedules, monitoring, potential adaptive management and duration, and responsible parties. A forest restoration plan – Including soil analysis and amendment; tree, shrub, and understory species planting schedule and details (including replanting as necessary); monitoring; potential adaptive management and duration; and responsible parties. Overflow/outflow management for the pond directly in the restoration area – Including determination of current outflow conditions and locations, need for stabilization of water level and outflow channels. Restoration shall be generally in keeping with Exhibit P. The Quarry shall not be opened to the public until such time as remediation efforts have made the area safe for public use.]
Appears in 1 contract
Samples: Development Agreement
Xxxxxx Creek Preserve. The Developer Owner shall provide an 85 acre open space tract that includes all lands as shown on Exhibit A and Exhibit O. H hereinafter referred to as the “Xxxxxx Creek Preserve,.” including a portion of property owned by the Town of Chapel Hill (see Exhibits M and O). The Xxxxxx Creek Preserve shall extend from the outer limit of the managed use zone of the Resource Conservation District on the west side of Xxxxxx Creek to the eastern property limits of the Property and shall include a buffer strip along the southern boundary west of Xxxxxx CreekProperty. The tract shall be owned by the Town of Chapel Hill. The Town shall may choose to further protect all or portions of the Xxxxxx Creek Preserve by granting a conservation easement(s) to a third party or other means approved by the Town Manager. Once it is deeded, any further trails or development in the Preserve shall be identified and paid for by the Town, consistent with the terms of any conservation easements. The Developer Owner shall be obligated to maintain only the trails that are agreed to as part of the Agreement. The Master Owners Association shall be responsible for all maintenance activities within the Xxxxxx Creek Preserve. The Developer Owner shall make minimal changes to the hardwood tree cover. The following allowable uses and activities within the Xxxxxx Creek Preserve shall be in general keeping with Exhibit J. B. All uses described shall be consistent with plans and procedures approved by the Town Manager. Grading and restoration of the quarry area using clean soil, sand, gravel and stone from the development site; Natural surface trails; One pedestrian bridge; Maintenance access ways; Picnic shelters, areas and support facilities; Forest management; Stormwater management associated with approved uses in the Preserve; Invasive plant species management; Maintenance; and Other uses as approved by the Town Manager. The Developer Owner or Representative shall provide a minimum six (6)-foot-6) feet wide pedestrian bridge over Xxxxxx Creek as the access point for users of the Xxxxxx Creek Preserve. A maximum of one (1) bridge is allowed, and the bridge shall be constructed of cor-ten steel or similar, have concrete decking, and shall be designed to handle light maintenance equipment. The exact location and specifications of the bridge must be approved by the Town Manager. The Developer Owner shall construct a minimum of 8,000 linear feet of natural and/or gravel surface trails within the Xxxxxx Creek Preserve. The trails shall roughly conform to the trails plan in Exhibit J. B. The Town and Developer Owner or Representative may change the trail plan in order to maximize user enjoyment, expand the trail system, preserve the environment, avoid trees, avoid drainage and erosion issues, and to provide a better trail plan. Trails will are likely to be primarily field located. The final trail plan must be approved by the Town Manager. It is acknowledged by both parties that the natural surface trails will have limited accessibility for mobility-impaired individuals. The final trail plans must be approved by the Town Manager. The trail plan will likely evolve with time with resultant changes to the trail system to promote user and environmental benefits. The Town shall have the right to make emergency repairs and charge the cost of those repairs to the Developer Owner or Representative in the event that the Town determines that the Master Owners Association has not maintained greenways and sidepaths to the extent needed to assure proper and safe functioning of the facilities. The Developer Owner or Representative shall post provide appropriate signage to assist trail users and other purposes. A signage plan must be approved by the Town Manager prior to implementation. No signs shall be mounted directly on trees. The Developer Owner or Representative shall survey and sign the boundaries of the Xxxxxx Creek Preserve. Signs shall indicate that the Property property is owned by the Town for open space purposes and shall be placed approximately every 100 feet along the Property line. Upon completion of the boundary survey, Town staff shall walk the property line and approve the boundary markings prior to Town’s acceptance of the property. [OBEY CREEK: The Town shall exchange a portion of the Town-owned property surrounded provide all necessary signs for placement by the Developed Property (see Exhibits M and O) for the dedication of the Xxxxxx Creek Preserve which provides a greater recreation benefit to the Town of Chapel Hill than the portion of land to be exchanged. Furthermore, the additional benefits accrued to the Town through this exchange and this Agreement provide a substantial increase in overall benefits, including recreation, to the Town and its residents. The exchange also provides an increased benefit to surrounding property owners not in the Town, consistent with and in expansion of the original intent met through dedication of this property to the Town as recreation space when those subdivisions were approved. Roads, utilities, sidewalks, bicycle facilities, and other support facilities shall be allowed within the strip of land that is adjacent to US Highway 15-501 and lies west of Xxxxxx Creek and along the southern border of the Developed Property. This strip shall be considered a buffer area, but not a preservation area. The Developer Owner or Representative shall maintain the Xxxxxx Creek Preserve beyond the expiration of this Agreement. Quarry Restoration. Clean soil, sand, gravel and stone from the Developed Property site may be used as fill in the restoration of the quarry area. The fill material must be placed in a stable manner, have a final layer of top soil and a final slope of 3:1 or less unless design includes a slope stability analysis, which confirms and documents that a steeper slope will be stable. In no condition, however, can any fill slope be steeper than 2:1. Large stone (stone that cannot be used as fill material) from the Developed Property site may be placed in the quarry area in a manner consistent with the approved uses, restoration plan and function of the public area. The sheer edges in the quarry area shall be reduced to best of the Developer Owner or Representative’s ability while balancing environmental needs. A restoration plan must be submitted and approved by the Town Manager prior to any land disturbance activity. The restoration plan must include: Proposed grading plan – Including locations of fill and lift depth, final slopes, acceptable fill materials, runoff management, and slope stabilization methods. An invasive species management plan – Including target species, methods of control, timelines and schedules, monitoring, potential adaptive management and duration, and responsible parties. A forest restoration plan – Including soil analysis and amendment; tree, shrub, and understory species planting schedule and details (including replanting as necessary); monitoring; potential adaptive management and duration; and responsible parties. Overflow/outflow management for the pond directly in the restoration area – Including determination of current outflow conditions and locations, need for stabilization of water level and outflow channels. Restoration shall be generally in keeping with Exhibit P. The Quarry shall not be opened to the public until such time as remediation efforts have made the area safe for public use.]
Appears in 1 contract
Samples: Development Agreement
Xxxxxx Creek Preserve. Updated information (March 20April 9, 2015) The Developer Owner shall provide an 85 acre open space tract that includes all lands as shown on the east side of Xxxxxx Creek,Exhibit A and Exhibit O. H hereinafter referred to as the “Xxxxxx Creek Preserve,.” including a portion of property owned by the Town of Chapel Hill (see Exhibits M and O). The Xxxxxx Creek Preserve shall extend includeextend from the Property toouter limit of the eastmanaged use zone of the westernmost Resource Conservation District, the managed use zone limits defined by Xxxxxx Creek, shown Exhibit B. The westernmost outer limit of the managed use zone of “Managed Use Zone” along Xxxxxx Creek demarks the Resource Conservation District approximate western on the west side of Xxxxxx Creek to the eastern property limits of the Property and shall include a buffer strip along the southern boundary west of Xxxxxx Creekpreserve. Property. The tract shall be owned by the [Obey Creek: insert owner here].the Town of Chapel Hill. The Town shall may choose to further protect all or portions of the Xxxxxx Creek Preserve by granting a conservation easement(s) to a third party or other means approved by the Town Manager. Once it is deeded, any further trails or development in the Preserve shall be identified and paid for by the Town, consistent with the terms of any conservation easements. The Developer Owner shall be obligated to maintain only the trails that are agreed to as part of the Agreement. The Master Owners Association shall be responsible for all maintenance activities within the Xxxxxx Creek Preserve. The Town and the Developer Owner or Representative shall enter into a formal maintenance agreement for the Preserve prior to issuance of the Property’s first certificate of occupancy. The agreement shall require that the Master Owners Association be responsible for all maintenance including maintenance of trails, removal of hazard trees, maintenance of any facilities, correction of drainage and erosion problems, and other routine and long range issues related to the property. The Xxxxxx Creek Preserve will be available to the public upon completion of the developed portion of the Property. The Developer Owner shall make minimal changes to the hardwood tree cover. The following allowable uses and activities within the Xxxxxx Creek Preserve shall be in general keeping with Exhibit J. B. All uses described shall be consistent with plans and procedures approved by the Town Manager. Grading RestorationGrading and restoration of the quarry area eroded slope and miningquarry area, using clean soil, sand, gravel and disposal of topsoil; stone from the development site; Natural surface trails; One Community garden; Pedestrian and utilityOne pedestrian bridge; Maintenance access ways; Picnic shelters, areas and support facilities; Forest management; Stormwater management management; ix. associated with approved uses in the Preserve; Invasive plant species management; Maintenanceeradication; and Other uses as approved by the Town Manager. The Developer Owner or Representative shall provide a minimum six (6)-foot-wide pedestrian bridge over Xxxxxx Creek as the access point for users of the Xxxxxx Creek Preserve. A maximum of one (1) bridge is allowed, and the bridge shall be constructed of cor-ten steel or similar, have concrete decking, and shall be designed to handle light maintenance equipment. The exact location and specifications of the bridge must be approved by the Town Manager. The Developer Owner shall construct a minimum of 8,000 linear feet of natural and/or gravel surface trails within the Xxxxxx Creek Preserve. The trails shall roughly conform to the trails plan in Exhibit J. The Town and Developer Owner or Representative may change the trail plan in order to maximize user enjoyment, expand the trail system, preserve the environment, avoid trees, avoid drainage and erosion issues, and to provide a better trail plan. Trails will be primarily field located. The natural surface trails will have limited accessibility for mobility-impaired individuals. The final trail plans must be approved by the Town Manager. The trail plan will likely evolve with time with resultant changes to the trail system to promote user and environmental benefits. The Town shall have the right to make emergency repairs and charge the cost of those repairs to the Developer Owner or Representative in the event that the Town determines that the Master Owners Association has not maintained greenways and sidepaths to the extent needed to assure proper and safe functioning of the facilities. The Developer Owner or Representative shall post appropriate signage to assist trail users and other purposes. A signage plan must be approved by the Town Manager prior to implementation. No signs shall be mounted directly on trees. The Developer Owner or Representative shall survey and sign the boundaries of the Xxxxxx Creek Preserve. Signs shall indicate that the Property is owned by the Town for open space purposes and shall be placed approximately every 100 feet along the Property line. Upon completion of the boundary survey, Town staff shall walk the property line and approve the boundary markings prior to Town’s acceptance of the property. The Town shall exchange a portion of the Town-owned property surrounded by the Developed Property (see Exhibits M and O) for the dedication of the Xxxxxx Creek Preserve which provides a greater recreation benefit to the Town of Chapel Hill than the portion of land to be exchanged. Furthermore, the additional benefits accrued to the Town through this exchange and this Agreement provide a substantial increase in overall benefits, including recreation, to the Town and its residents. The exchange also provides an increased benefit to surrounding property owners not in the Town, consistent with and in expansion of the original intent met through dedication of this property to the Town as recreation space when those subdivisions were approved. Roads, utilities, sidewalks, bicycle facilities, and other support facilities shall be allowed within the strip of land that is adjacent to US Highway 15-501 and lies west of Xxxxxx Creek and along the southern border of the Developed Property. This strip shall be considered a buffer area, but not a preservation area. The Developer Owner or Representative shall maintain the Xxxxxx Creek Preserve beyond the expiration of this Agreement. Quarry Restoration. Clean soil, sand, gravel and stone from the Developed Property site may be used as fill in the restoration of the quarry area. The fill material must be placed in a stable manner, have a final layer of top soil and a final slope of 3:1 or less unless design includes a slope stability analysis, which confirms and documents that a steeper slope will be stable. In no condition, however, can any fill slope be steeper than 2:1. Large stone (stone that cannot be used as fill material) from the Developed Property site may be placed in the quarry area in a manner consistent with the approved uses, restoration plan and function of the public area. The sheer edges in the quarry area shall be reduced to best of the Developer Owner or Representative’s ability while balancing environmental needs. A restoration plan must be submitted and approved by the Town Manager prior to any land disturbance activity. The restoration plan must include: Proposed grading plan – Including locations of fill and lift depth, final slopes, acceptable fill materials, runoff management, and slope stabilization methods. An invasive species management plan – Including target species, methods of control, timelines and schedules, monitoring, potential adaptive management and duration, and responsible parties. A forest restoration plan – Including soil analysis and amendment; tree, shrub, and understory species planting schedule and details (including replanting as necessary); monitoring; potential adaptive management and duration; and responsible parties. Overflow/outflow management for the pond directly in the restoration area – Including determination of current outflow conditions and locations, need for stabilization of water level and outflow channels. Restoration shall be generally in keeping with Exhibit P. The Quarry shall not be opened to the public until such time as remediation efforts have made the area safe for public use.;
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Samples: Development Agreement
