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After hours of debate, board conditions Eastwood Homes’ request for early certificates of occupancy with bond and cooperation letter
Summary
Developers sought permission to issue certificates of occupancy (COs) for the Ble Mill Townhomes before completing several roadway mitigations at the NC‑16/Ble Mill intersection. Eastwood proposed coordinating with a neighboring Emerson Park developer to build the overlapping improvements together; after an extended technical and policy debate, the board approved a limited, conditional amendment to the transportation mitigation agreement requiring a bond, a written cooperation agreement and a 12‑month timeline for the overlapping mitigations.
A contentious development and traffic discussion dominated much of the Waxaw Board of Commissioners meeting on July 8 after Eastwood Homes asked to revise its transportation mitigation agreement (TMA) for the Ble Mill Townhomes project.
Scott Stoner, representing the builder, said Eastwood is seeking flexibility on timing for certificates of occupancy (COs) because a nearby Emerson Park project revised the intersection alignment after Eastwood’s original mitigation design. "The only thing Eastwood's requesting is just the timing of the certificates of occupancies," Stoner said, adding that coordinated construction with the neighboring developer would avoid repaving and milling the same stretch of Providence Road twice.
Board members pushed back on granting broad exceptions without enforceable guarantees. Commissioners said issuing a large number of COs before completing major intersection improvements could add traffic pressure on NC‑16 and set an undesirable precedent. One commissioner said, "I don't see how it benefits the taxpayers" to allow more than half a project’s COs without mitigations in place.
Staff and the developers discussed technical options — joint construction contracts, bonds keyed to the unfinished mitigations, and letters of intent from the neighboring developer (Jones Homes/Emerson Park). Eastwood offered to post a construction bond to secure the remaining work and to coordinate with Emerson Park; staff said a formal agreement and bond are reasonable ways to protect the town if timelines slip.
After a failed motion to deny the request outright (3‑2), the board approved an amended TMA with conditions: Eastwood may obtain a limited number of COs (the board set a reduced cap) provided that a construction bond is posted to cover unfinished mitigations, and a written cooperation agreement or letter of intent confirming Emerson Park's participation is presented to staff within the board’s near‑term review window; the TMA will specify a 12‑month timeline for completing the overlapping intersection work or the town may draw on posted security to finish the work.
The action balances the town’s interest in timely roadway improvements with the developer’s request to avoid duplicated pavement work, but the board explicitly required enforceable financial security and a written cooperation agreement before issuing broader occupancy allowance.
Next steps: staff and the town attorney will draft the amendment language and conditions, Eastwood will post the bond and provide the cooperation letter, and the board will review the formal amended TMA language at its next scheduled meeting.
