VILLAGE OF WESLEY CHAPEL COUNCIL MEETING MINUTES WESLEY CHAPEL' VILLAGE HALL 6490 Weddington Road, Wesley Chapel, NC: 28104 August 14, 2023-7:00PM  The Village Council of Wesley Chapel, North Carolina met at Village Hall at 6490 Weddington Members Present: Mayor Amanda Fuller, Council Members: Lori Bailey, Deb Bledsoe, and  Road, Wesley Chapel, North Carolina.  Mike Como.  Absent: Staff Present: 1. Call to Order  Mayor Pro Tem David Boyce and Village Attorney George Sistrunk.  Planning Administrator Vagn Hanson, Finance Officer & Clerk Kathy Queen,  Mayor Fuller called the meeting to order at 7:00 p.m. A quorum was present. The Pledge was  recited by all, and a moment of silence was offered by Mayor Fuller.  2. Public Comments  Jim Hill, resident of Courtyards at Wesley Chapel, spoke in support of the $75,000 roundabout commitment for a partnership with Union County, in conjunction with discretional funding from CRTPO. He discussed the need for EMS tol be able to reach their communities in a timely manner. Mr. Hill requested the Council encourage Union County Commissioners to vote in favor of the roundabout partnership in their upcoming meeting on September 5, 2023. The County has been Gary Davis, resident of Courtyards at Wesley Chapel, spoke on behalf of the HOA to thank the Council for releasing the bonds for the Courtyards at Wesley Chapel. He stated that all work had been completed and passed inspections. Mr. Davis said the work likely would not have been completed to their satisfaction if the Council had elected to release the bonds earlier.  asked to commit to $75,000.  3.A Agenda Additions, Deletions, and/or Changes 4. Council Meeting Minutes - Approval a. Approved - April 10, 2023 Closed Session Minutes b. Approved - July 10, 2023 Council Meeting Minutes Approved - July 24, 2023 PB -Council Joint Meeting Minutes  There were: no changes.  d. Approved - Resolution #2-4 Approval ofthe Union County Emergency Operation Plan Updates  Council Minutes- - Regular Meeting 2023-08-14  Pg.1    e. Release of Phase III Street and Utility Improvement Bond for Epcon Communities Courtyards of Wesley Chapel Subdivision Bond PB00155801013 in the Amount of MOTION. and second were made by Council Members Como and Bailey to approve the Consent  $87,768.75  Agenda and was unanimously approved.  5. 25th Anniversary ofthe Village Celebration Update  Council Member Bledsoe reported on the 25th Anniversary event held at Dogwood Park on July 15, 2023. She informed Council that the event was successful and had approximately 300 attendees. While attendance was good, Council Member Bledsoe stated attendance was lower than expected due to the excessive heat. She thanked the Park & Rec. Committee, event volunteers, and the Council for their support and noted that a large number of attendees were from the Council Member Bledsoe reported four of the twenty-five Dogwood trees will need tol be replaced  Courtyards at Wesley Chapel community.  due to the heat, and that there were six trees remaining to be sponsored.  6/7. Critical Intersection Project Update  Bjorn Hansen, Senior Planner, Union County Planning, provided an update on the Critical Intersection Program ("program"). He reviewed the history oft the program noting that this is the third round of the Critical Intersection Analysis, and they are moving along with transportation improvements in the area. The recent survey had nearly 3,000 participants representing all fourteen Union County municipalities, and safety and congestion were identified as the top proprieties. Wesley Chapel's Newtown and Cuthbertson intersection is the top project because of partnership interests leading to funding commitments from the County and the Village. Mr. Hansen informed Council that they are actively seeking CRTPO grants to help make projects shovel-ready once approved. Currently, there is sufficient funding for five intersections that engage in partnership relationships, and three of the five intersections are in the Village ofWesley Mr. Hanson requested Council to endorse the Critical Intersection Program and asked ifthe Village was interested in committing to two additional intersections at $4,000 each. The other two intersections are Billy Howie/Waxhaw-Indian Trail Road and Lester Davis/New Town Road. Mr. Hansen responded to Council's financing questions stating that the Village will have an opportunity to approve design and cost estimates and can work with the County and Department ofTransportation to apply for funding. Council Members were interested and made the following MOTION and second were made by Council Member Bailey and Como respectively to endorse andj fully support the Critical Intersection Program and was unanimously approved. MOTION and second were made by Council Member Bailey and Como respectively to adopt Resolution 08-14-2023 #1 regarding a commit of $75,000 for improvements to the  Chapel.  motions:  Cuhbertson/New, Town intersection and was unanimously approved.  Council Minutes- Regular Meeting 2023-08-14  Pg.2    MOTION and second were made by Council Member Bailey and Como respectively to commit $4,000 for improvements to the Billy Howie/Waxhaw Indian Trail intersection and was MOTION and second were made by Council Member Bailey and Como respectively to commit $4,000 fori improvements to the Lester Davis/New Town. Road intersection improvements and was Aquestion was asked about Waxhaw's participation; Mayor Fuller noted that the' TownofWaxhaw Council Member Como asked ifl Fairfax Farms would bei incorporated into the roundabout at] New Council Member Bailey asked about the success of each of previous program rounds; Mr. Hansen stated that for the first round, 11 were funded with 3 currently under construction, for the second round, 10 were funded, and for the third round, 15 projects have been identified and three oft those  unanimously approved. unanimously approved.  had committed to 100% oft the funding for the crosswalk and light at] Lawson.  Town and Cuthbertson; Mr. Hansen affirmed.  are in Wesley Chapel. 8. Financial Report a. Financial Update  Kathy Queen, Finance Officer, responded to Council Member Bailey who asked how the financial software (QuickBooks) conversion was going. Ms. Queen reported that the transition was complete. She did note that she would like Council to consider moving to a more formal Mayor Fuller commented that the Village is preparing a resolution to surplus items within the Village Hall that are outdated and no longer useful. She noted it would be on the next agenda for Pam Utley, Park & Rec. Chair requested approval to purchase two picnic tables & two seating benches for $5,123.15. This was the lowest of three bids for these items. MOTION and second were made by Council Members Como and. Bailey respectively to approve purchasing the tables and benches for $5,123.15 and was unanimously approved. The P&R Committee has appointed a new Vice Chair, Gordon Oliver. The Summer Jam held. Aug. 5, 2023 had approximately 200 participants. Having snow cones was refreshing due to the heat. The 485 Band played, and the BBQ was good. The Committee is hosting a tractor-naming contest on Social Media. The idea ofhaving new music-based events for next year was introduced. Super Mario Brothers will be featured at the Sept. 15, 2023, VWC Movie Night event. Chad Greer will be posting Sponsored. Ads on Facebook and/or other social media. It was noted the advertising costs can quickly accumulate. The committee is aware and will monitor costs.  government financial management software at some point ini the future.  discussion.  9. Park & Recreation Committee  Chair Utley provided the following updates:  The Litter Sweep is scheduled for October 21, 2023.  Councill Minutes- Regular Meeting 2023-08-14  Pg.3    Bird Dog Security Services: Gordan Oliver provided an update on hisi meeting with Bird Dog's Regional Manager, Greg Morse. He stated they are certifiedATISA/American Traffic Safety Service Association) and are a professional, multi-state organization. Bird Dog Security representatives are identifiable when working jobs, the company works in coordination with NCDOT, has lots of safety equipment, and can do service commitments for a year. Representatives do not carry arms. Mr. Gordon will discuss his meeting with the Park & Rec. Committee at their next meeting. The goal is to provide more: reliable services at a lower cost. Council Member Como suggested Council Members consider purchasing a trailer that could be used tol haul items from Village Hall to the park more efficiently. He also suggested the Park & Rec. Committee reduce the number of] Port-a-Jons utilized at the park as they are not needed and  add: more hand washing stations. 10.] Planning Board Report a. Planning Board Member -] In Planning Board Members. b/c. Planner Hanson's Comments  There werei no comments as the last Planning Board meeting was aj joint meeting with Council and  Ini response tol Mayor Fuller, Planner Hanson reviewed uses for OI zoning in the Village's Planning and Zoning Table of Uses. Planner Hanson informed Council that the OI zoning designation allows for professional business uses where business is conducted such as government offices, Planner Hanson noted the need to update the Zoning Table ofUses as they are outdated. Council asked how to best identify areas needing to be updated. Planner Hanson noted it would be best if Benchmark proposes changes to the Table of Uses and presents them to the Council at a future  libraries, and medical practices. Itt typically excludes retail businesses.  meeting.  d. Planning Board Member Re-appointment  One member oft the Planning Board requested tol be re-appointed.  MOTION. and. second were made by Council Members Como and. Bledsoe to re-appoint Richard Stevens to the Planning Board, Seat 2 with a term expiration date of. June 30, 2026 and was  unanimously approved.  11. Board/Committee Appointments  MOTIONand. second were made by Council Members Como and Bledsoe to appoint Adam Stoffey to the Board of Adjustments, Alt Seat 1 with a term expiration date of. June 30, 2026 and was Mayor Fuller appointedJoel. Down to the Communications Committee, Seat 5, with a term ending  unanimously approved. date ofJune 30, 2026.  No appointments were: made to the Park & Rec. Committee.  Council Minutes- Regular Meeting 2023-08-14  Pg.4    12.] Public Hearing. - TA-23-001  Planner Vagn Hanson discussed the process of determining recommendations to make to Council regarding amendments to the Conservation Subdivision Ordinance. Changes were discussed by the Planning Board for a period ofai few months; the proposed amendments were submitted to the Council. Council was in agreement with all but two items. They made suggestions on those two items and returned the discussion to the Planning Board for further review. The Planning Board agreed with Council's suggestions and moved the proposed amendments back to Council for final In response to Council Member Bailey, the proposed amendments better align with the newly  review and approval. A public hearing was scheduled for August 14, 2023.  adopted Comprehensive Plan.  Mayor Fuller opened the Public Hearing; there were no speakers.  Mayor Fuller closed the Public Hearing.  MOTION and second were made by Council Members Bailey and Como to approve Ordinance 2023-08-14 #13 regarding amending the Conservation Subdivision Ordinance and was MOTION and second were made by Council Members Bailey and Como that the proposed amendments are consistent with the Village of Wesley Chapel Comprehensive Plan as follows: 1) Guiding Principal 1 - Item C: Ensuring Compatible Residential Development which promotes the use ofconservation-based design principles that create neighborhoods that blendi with the 2) Guiding Principal 4 - Item. A: Respecting the Natural Environment which states that a goal of the plan is to consider the use of regulatory incentives, excluding density bonuses, to promote the use conservation-based design principles that lead to outcomes that exceed the  unanimously approved.  Village s desired rural character:  Village  minimum environmental design requirements and were unanimously approved. 13. Proposed Amendments To Village Policy  Amended Village Policies: Mayor Fuller presented draft copies of proposed policy updates for the Village. She asked Council Members to review and submit comments to her orl Ms. Naming ofVillage office: Council was asked to consider calling the office Village Hall VS. Dam Update: Approvals to date Army Corp of Engineers, DEC Water Quality and Dam Safety. Not needed is the formal sediment and erosion control approval. Next steps are to  Queen before the next meeting to facilitate discussions.  Village Town Hall.  formally apply for the Grant in October.  Council Minutes- Regular Meeting 2023-08-14  Pg.5    14. Closed Session removal order.  Mayor Fuller requested ai motion to goi into closed session under NCGS 143.318.11 (a)(3)t to obtain legal advice regarding Five-Stones Church and the status of the Reese's deck in regard to ai recent MOTION was made and seconded by Council Members Bailey and Como to go into Closed Session under. NCGS14318II9Clem-Atomyprhlg: regarding Five Stones Churchand MOTION was made and seconded by Council Members Como and Bledsoe to exit the Closed  Reese Deck. Issue and was unanimously approved. Session and was unanimously approved. Council re-entered the open meeting session.  MOTION and. second were made by Council Members Bailey and Bledsoe to instruct the Village Planner to take the necessary steps to revoke CUP 13-01 approved March 10, 2014, and as amended on May 10, 2021 (as amended, the "SUP") ifevidence ofc compliance is not provided to the Village by Five-Stones Church by August 25, 2023 and passed. 2:1 with Council Member Como  opposing.  15. Council Comments  Council Member. Bledsoe expressed her interest inl having hurricane horns throughout the Village. She noted that April, May and September are the highest months for tornados and expressed concerns that some of the Village's elderly residents do not have or cannot effectively use technology and may not be adequately warned. EMS informed Council Member Bledsoe that warning horns are not needed due to 911 push alert warnings. Council Member Bledsoe asked Council's thoughts and informed them she would like to discuss the issue with the County Council Member Bailey informed Council that HB 1031 (2014) allowed for the creation of eight prosperity zones each ranging from 10-17 counties. One ofthe eight prosperity zones is the SW Prosperity Zone which incorporates 10 counties including Union County. Thei initiative's purpose is to enhance collaboration and cooperation between state agencies, local governmental agencies and other regional entities and toi facilitate administrative efficiencies within state government for the benefit of North Carolina citizens and businesses. The initiative is designed to provide guidance on how to navigate the State ofNorth Carolina and to take advantage of all thei resources  Emergency Management Director, Andrew Ansley.  that are available. 16. Closing Comments  Mayor Fuller discussed the need to change the verbiage Village Town Hall to Village Hall. She noted that because we are a' Village, ito doesn'tmake sense to call our facility Town Hall. She asked Council their thoughts on changing the Village Town Hall marker out front to read Village Hall Mayor Fuller noted that the Village has received approvals for the Dam project and should be able  and noted the item would be on the next meeting agenda for approval.  to apply for Grant funding in the fall.  Councill Minutes- Regular Meeting 2023-08-14  Pg.6    17.Adjourn at 9:29 p.m.  MOTION. and second were made by Council Members Como and Bailey to adjourn the meeting  VILLAGE OF WESLEYCHAPEL Cngdhshlle Amanda Fuller, Mayor   WESLEY OFFICIAL SEAL North Carolina porated  Clerk"  Councill Minutes Regular Meeting 2023-08-14  Pg.7    4d  Village of Wesley Chapel, NC  R2023-08-14-02  Resolution Adopting Union County Emergency Operations Plan  WHEREAS, pursuant to the provisions of Section 160A-461 of the General Statutes of North Carolina, the Village of Wesley Chapel, is authorized to enter into contracts or agreements  with other units oflocal government to execute any undertaking;  WHEREAS, the Village ofWesley Chapel, Union County, and other municipalities within Union County have developed a Union County Emergency Operations Plan ("EOP") which is a multi-disciplined, all-hazards plan that establishes a comprehensive framework for the  management of major emergencies and disasters within the County; and  WHEREAS, the Village of Wesley Chapel wishes to enter into an updated EOP with Union County and other entities to continue to provide leadership and support for emergency operations  within Union County.  NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Wesley Chapel, North Carolina ati its regularly assembled meeting ofthe Council, that the Council hereby approves the Union County Emergency Operations Plan, which is attached as "Exhibit A"  to this resolution and made aj part hereof.  Adopted this 14th Day of August 2023.  Amanda Fuller, Mayor  Attest:  d Wesley haspis  Pe  sa  1998 ca!  Incorponted Norh    Approval and Implementation  The Union County Emergency Operations Plan (EOP)isamulidlis-pined. all-hazards plan that establishes a comprehensive framework for the management of major emergencies and disasters within the County. The emergency operations plan is implemented when it becomes necessary to mobilize thei resources ofthe identified departments and agencies to: savel livesand protect property and infrastructure. Organizations with assigned responsibilities should be familiar with the entire plan; however, added emphasis must be given by those organizations to the sections for which they have primary or support responsibility. Governmental agencies and departments are responsible for establishing their own standard operating procedures and guidelines to conduct the By signing this document, municipalities within the County agree to conduct operations in accordance with NIMS and maintain supporting plans, procedures, and emergency support  operational tasks assigned to them in this plan.  function documents and checklists to accomplish assigned responsibilities.  Signatories to the Union County Emergency Operations Plan  Mayor, City ofMonroe Mayor, Town ofF Fairview Mayor, Town ofHemby Bridge Mayor, Town of Indian Trail Mayor, Village ofLake Park Mayor, Town ofl Marshville Mayor, Village ofN Marvin  Date Date Date Date Date Date Date    Mayor, Town of Mineral Springs Mayor, Town of Stallings Mayor, Town of Unionville Mayor, Town of Waxhaw Mayor, Town of Weddington dasndashlli Mayor, Village of Wesley Chapel Mayor, Town of Wingate  Date Date Date Date Date 08-14-33 Date Date  WESLEY OFFICIAL SEAL North Carolina    4e  of  d Village Wesley Chapel  Y5. August 15, 2023 Mr. Russ Graham Land Development Epcon Communities 11020 David Taylor Drive, Suite 105 Charlotte, NC 28262 To Whom it May Concern:  Re: Subdivision Bond PB00155801013 /Bond Amount: $87,768.75  Subdivision: Courtyards at Wesley Chapel  At the April 11, 2022 Village of Wesley Chapel Council Meeting, the Village Council approved to release  Phases1&1 Il for the BMP/Water Quality bond PB00155801013 as listed below:  Phase I Bond for $164,940 Phase II Bond for $108,817.50  And, at the April 11, 2023 Village Council Meeting, the Village Council approved to reduce bond PB00155801013 for Phase Ill for Street and Utility Improvements from $231,457.83 to $87,768.75. The Village of Wesley Chapel Council at their August 14, 2023 meeting voted to release the remainder of  the Phase III bond in the amount of $87,768.75. Anndk SAllue Fuller, Mayor Village of Wesley Chapel, NC  Regards, Amanda  of Wesley Municipal  Incorporated 1998 brs Canis!  Attest: Kathy  ER  6490 Weddington Road * Wesley Chapel, NC * 704-839-0182    Village of Wesley Chapel, NC  R2023-08-14 -01  Resolution to Commit Funding for the New Town / Cuthbertson Intersection WHEREAS, The Village of Wesley Chapel has worked with Union County and its neighboring municipalitiesto identify and develop solutions to relieve congestion and improve safety at major road intersections in the WHEREAS, Through objective analysis, the intersection of Cuthbertson Road and New Town Road was WHEREAS, The Village ofWesley Chapel and Union County! have been working with NCDOT1 toi identifyp potential funding opportunities for making improvements tot thei intersection of New Town Road and Cuthbertson Road; WHEREAS, The local NCDOT Division office has prepared a conceptual design for the intersection and has identified an opportunity to apply for discretionary funds from CRTPO for construction of the proposed WHEREAS, Ar request from NCDOTI has been made toi the Village of Wesley Chapel and Union County to provide local matching funds for the CRTPO discretionary construction funding grant application in the amount of WHEREAS, The commitment of $75,000 in funds will be leveraged to support the potential grant funding of WHEREAS, The construction of the proposed improvements will provide a direct and measurable benefit to the residents of the Village of Wesley Chapel by reducing congestion and improving the safety of the NOW, THEREFORE, BE IT RESOLVED, that the Village Council of the Village of Wesley Chapel hereby commits to provide $75,000 in funds to support the required local match for NCDOT to make application for a CRTPO discretionary funding grant in October 2023. The funds committed for this application will be made available  County;  identified as one of the most heavily burdened intersections in Union County;  improvements;  $75,000 from each local government;  approximately $4.5 million in state and CRTPO construction funds;  intersection.  to NCDOT upon request, with an anticipated draw down ofe either FY: 25-26 or FY26-27. Adopted this, the 14th day of August 2023 byt the Village of Wesley Chapel, NC  VILLAGE OF WESLEY CHAPEL, NC hh SENe Amanda Fuller, Mayor  OR Wesley Municipal Incorporated North Cais!  Sealg 1998  Ede    #I2  NORTH CAROLINA  DATE: 8-14-2023 ORDINANCE:#13  VILLAGE OF WESLEY CHAPEL, NC )  $1 156.143 CONSERVATION SUBDIVISIONS.  (A) Ownership. When land within a conservation subdivision is held in multiple ownerships, it shall (B) Conservation lands disturbance. The proposed design of the conservation subdivision shall minimize disturbance of primary conservation and required secondary conservation lands and any (C) Densilystandards. The actual number oflots suitable for the placement ofa principal residential structure shall be limited by on-site features as determined by submission and analysis ofa a yield plan. A conservation subdivision shall not be used to allow for a greater number of1 lots than could result if the (D) Minimum reguiredconseryation. land. A viewshed buffer, ai minimum of100: feet in depth shall be reserved (preserved and/or landscaped) adjacent and parallel to all roads that form the exterior boundaries of the conservation subdivision. In addition to this viewshed buffer, a minimum of 30% of the gross acreage of the tract(s) being considered for the conservation subdivision shall be provided as conservation lands. No lot suitable for the placement of a principal residential structure shall be platted toi include within its dimensions any conservation lands or viewshed buffer as herein required.  be planned and developed as a single entity for purposes oft this division.  required viewshed buffers.  subdivision were developed as a "conventional subdivision."  (E) Conservation land options.  (1) The following is aj priority list for retained "conservation lands":  (a) Tier A (highest priority): Forestlands. (b) Tier B (medium priority):  Date: 8-14-2023 Ordinance: #13 Page    1. Farmlands. 2. Historic sites. 3. Lands adjacent to parks. (c) Tier C (lowest priority): 1. Steep slopes. 2. Rock formations.  (2) Conservation land shall bei retained, to the greatest degree feasible, in order of prioritization shown above. The Village Council, in approving a conservation subdivision, shall have the discretion toallow for variations from this schedule based on the unique features oft the tract in question.  (3) Any portion of required viewshed not covered by existing, natural tree canopy shall be planted with one tree per 200 square feet ofland area within the designated viewshed. Fences, walls and berms shall not be allowed to reduce the amount of acreage constituting the conservation lands or  viewshed buffer.  (4) No more than 50% of the land designated as conservation land to meet the minimum requirements of this Chapter shall consist of lands designated as a flood hazard area (Zones A, AE, or  Floodway).  (5) All land dedicated for conservation purposes shall be located within aj parcel or parcels that are contiguous to each other and undivided by a street right-of-way from the residential portion of the  subdivision.  (F) Reduction in Minimum Lot Size  (1) The minimum lot size within a conservation subdivision shall be 30,000 square feet, except that the minimum lot size may be further reduced if the developer dedicates additional (a) Minimum lot sizes may be reduced by 1 square foot for each additional 2 square feet of conservation lands that is dedicated beyond the minimum 30% standard conservation (b) The maximum additional reduction in lot size shall be 6,000 square feet per lot, for a (c) Lot size reduction below 30,000 square feet is not required to be uniform throughout thes subdivision and the developer may allocate credit for lot size reduction to all or some portion of the proposed lots, provided that no lot may be reduced in area below 24,000 (d) The additional land that is dedicated for conservation purposes shall meet all of the general requirements for conservation lands established by this Section, including the limits on the dedication ofl land within flood hazard areas and contiguity requirements.  conservation lands in accordance with the following standards:  land dedication requirement.  minimum lot size of24,000 square feet.  square feet.  Date: 8-14-2023 Ordinance: #13 Page2    (G) Conservation land uses. No use of, or development upon, required conservation lands shall (1) Conservation of open land in its natural state (e.g., forestlands, fields or meadows). (2) Agricultural uses, including raising crops or livestock, nurseries and associated buildings, excluding residences, provided that such buildings are specifically needed to support an active, viable agricultural or horticultural operation, and are architecturally compatible with the neighborhood setting. Specifically excluded from permitted agricultural uses upon conservation lands are commercial livestock  be permitted except as follows:  operations involving swine, poultry and mink.  (3) Pastureland.  (4) Horse farms or riding academies, provided that barns, stables, and other associated (5) Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry, provided that any harvesting completed upon forested conservation lands shall  structures are excluded from the conservation lands.  not result in a "clear cut" ofany area.  (6) Neighborhood uses such as picnic areas, community gardens, trails and similar low-impact, passive recreational uses, including open sided shelters not exceeding 1,000 square feet of floor area. Parking for such uses, when required for ADA accessibility, shall be permitted within a reasonable  distance oft the use with which it is associated.  (7) Water supply and sewage disposal systems (excluding stormwater detention areas). (8) Easements for drainage, access, sewer or water lines or other public purposes And underground utility rights-of-way. Above ground utility and street rights-of-way may traverse conservation lands but shall not count toward the minimum required conservation land.  (H) Dimensional Standards for Conservation Lands  (1) With the exception of the area dedicated to the required viewshed buffer, each designated conservation area shall contain at least 25% oft the total amount of dedicated conservation land to ensure that larger contiguous tracts of conservation lands are preserved intact. For the purposes ofmeeting this requirement, a dedicated conservation area having a minimum area of1 acre shall be deemed contiguous ifit is connected to one or more other dedicated conservation areas by a flood hazard area that is not  designated as conservation land.  (2) All dedicated conservation lands shall have minimum dimensions of 100 feet in length, width, and depth, except in areas where the configuration of the parent parcel(s) result in a more narrow  dimension.  I) Permanent conservation land protection through conservation easements.  Date: 8-14-2023 Ordinance: #13 Page3    (1) Subject to the provisions of subsections (2) and (3) below, conservation lands required pursuant to this section may be retained by the applicant or may be conveyed to another party, but must  be and remain subject to a conservation easement.  2) Required conservation land shall be subject to a conservation easement that specifies the range of uses allowable pursuant to division (G), above, and which are enforceable in accordance with all applicable laws of the state. The holders of the conservation easement shall be the homeowners' association of the subdivision in question, the State of North Carolina or appropriate department or agency thereof, or a conservation organization. Any subdivision plat for a conservation subdivision shall indicate that required conservation lands are subject to a conservation easement being conveyed to specific  entities pursuant to this section.  (3) Any homeowners' association that isaholéerofaconservation easement as provided herein shall be subject to and comply with all applicable requirements for homeowners' associations as set forth  in the NC General Statutes. In addition, the following criteria shall be met.  (J) Conservation. Area Signage and. Annual Notice  (1) The developer shall post, and the owners association shall maintain, signage posted at intervals no greater than 200 feet along the outer edge of any dedicated conservation area adjacent to a street right-of-way. The signage shall state that the land has been dedicated for conservation purposes and that no land disturbance is permitted without the prior approval (2) The owners" association shall cause a notice to be mailed to the address of record of each property owner within the subdivision on an annual basis providing information on the presence of the conservation land in the subdivision, permitted and prohibited activities in the dedicated conservation lands, where a copy of the management plan can be viewed, and contact information for the holders of the conservation easement to report observed or  of the owners' association.  suspected disturbances within conservation lands.  (K) Conservation land maintenance plans and maintenance agreement.  (1) The cost and responsibility of maintaining the required conservation lands and associated common facilities shall be borne by the fee simple owner of the required conservation lands, or by another party as specified in an executed, binding and enforceable maintenance agreement, who is a  holder of the conservation easement.  (2) The applicant must submit, and the Village Council shall be given the responsibility to approve, ai maintenance agreement that obligates either the property owner of the conservation lands, or  other specified party as provided above, to implement the maintenance plan.  (3) The maintenance plan shall be in accordance with the following requirements: (a) The maintenance plan shall specify ownership of required conservation lands. (b) The maintenance plan shall establish a regular operation and maintenance program  Date: 8-14-2023 Ordinance: #13 Page4    appropriate to the uses to be undertaken on the subject conservation lands.  (c) The maintenance plan shall specify required insurance and all maintenance and  operating costs and shall define the means for funding the maintenance plan on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly  operating and maintenance costs.  (d) The property owner or other specified party, as provided above, shall be required to  escrow sufficient funds for the maintenance and operation costs of the conservation lands for two years. The amount ofsuch escrow or bond shall be equal to 1.25 times the biannual estimated maintenance and operational costs. Evidence of the funding of the escrow account shall be provided prior to final plat  approval.  e) Any changes to the maintenance plan shall be approved by the Village Council. (f) The property owner of the conservation lands and, if utilized, any other maintaining  party by agreement, shall execute a release and indemnity of the Village, in a form satisfactory to the Village, for any claims or damages arising from the maintenance agreement and maintenance plan or  performance thereof. (Ord. 2022-12, passed 8-8-2022; Amended 8-14-2023)  Adopted this 14th day Of August 2023. VILLAGE OF WESLEY CHAPEL, NC  Amanda Fuller, Mayor Attest  Kathy Queen, Village Clerk  Date: 8-14-2023 Ordinance: #13 Pages