Orange County NC Website
Article 6: Development Standards <br /> Section 6.14: Stormwater Management <br /> (b) The bond or other instrument shall be in an amount equal to 1.25 times <br /> the total cost of the stormwater control structure, as estimated by the <br /> applicant and approved by the County Engineer. <br /> (i) Total Cost <br /> a. The total cost of the stormwater control structure shall <br /> include the following: <br /> i. The value of all materials such as piping and <br /> other structures; <br /> ii. Seeding and soil stabilization; <br /> iii. Design and engineering; and, <br /> iv. Grading, excavation, fill, etc. <br /> b. The costs of the stormwater control structure shall not be <br /> prorated as part of a larger project, but shall be costed <br /> as a separate project. <br /> (c) Failure to Perform <br /> (i) Upon default of the permit applicant to complete and/or maintain <br /> the stormwater control structure as spelled out in the <br /> performance bond or other security, the County may obtain and <br /> use all or any portion of the funds necessary to complete the <br /> improvements based on an engineering estimate. <br /> (ii) The Board shall return any funds not spent in completing the <br /> improvements to the owning entity. <br /> (2) Security for Maintenance of Required Improvements <br /> (a) The permit applicant shall deposit with Orange County either cash or <br /> other instrument approved by the County Attorney that is readily <br /> convertible into cash at face value. <br /> (b) The cash or security shall be in an amount equal to 15% of the total cost <br /> of the stormwater control structure or the estimated cost of maintaining <br /> the stormwater control structure over a ten year period, whichever is <br /> greater. <br /> (i) Estimated Maintenance Costs <br /> a. The estimated cost of maintaining the stormwater <br /> structure shall be consistent with the approved operation <br /> and maintenance plan or manual provided by the <br /> developer under Section 6.14.10(B)(2). <br /> b. The amount shall be computed by estimating the <br /> maintenance cost for 25 years and multiplying this <br /> amount by two-fifths or 0.4. <br /> (c) Failure to Perform <br /> (i) Upon default of the owning entity to maintain, repair and, if <br /> necessary, reconstruct the stormwater control structure in <br /> accordance with the Operation and Maintenance Agreement, the <br /> County shall obtain and use all or any portion of the cash <br /> security to make necessary improvements based on an <br /> engineering estimate. <br /> (ii) Such expenditures of funds shall only be made after exhausting <br /> all other reasonable remedies seeking the owning entity to <br /> comply with the terms and conditions of the Operations and <br /> Maintenance Agreement. <br /> Orange County, North Carolina—Unified Development Ordinance Page 6-108 <br />