Orange County NC Website
Browse       Search
Article 7: Subdivisio <br /> Section 7.4: Improvements and Performance Guarantees <br /> (C) The subdivider/developer shall prepare a document, to be approved in both form and <br /> content by the Planning Department and County Attorney, outlining the current <br /> conforming status of all required improvements and providing documentation that the <br /> improvements have recently been inspected and certified as being compliant with federal, <br /> state, and local regulations. <br /> (D) Officers of the property owner's association shall review and sign the said document <br /> confirming the association's obligation in the perpetual maintenance of all improvements <br /> and facilities for which responsibility is being assumed. <br /> (E) Said document shall, upon execution, be recorded with the Orange County Register of <br /> Deeds, at the expense of the subdivider per, as formal recognition that <br /> maintenance responsibilities have been assumed by the property owner's association. <br /> (F) The Planning Department shall not release the subdivider eloper of maintenance <br /> responsibilities, or authorize the release of performance guarantees, until this process is <br /> completed. <br /> 7.4.8 Maintenance Guarantees—Public Roads <br /> (A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are <br /> to be dedicated to the public are properly maintained, free from defects, between the time <br /> of construction and the time of formal acceptance for maintenance by the North Carolina <br /> Department of Transportation. <br /> (B) A maintenance guarantee shall be in place before any required performance guarantee is <br /> released or before any building permits are issued for subdivisions containing public road <br /> improvements. <br /> (C) Maintenance guarantees for public road facilities shall stipulate that the <br /> subdivider' per will maintain all required public road improvements, drainage <br /> improvements, and sedimentation and erosion control improvements to the standards of <br /> this Ordinance until the public road improvements are added to the state-maintained road <br /> system. The guarantee shall also state that the subdivider' er will be responsible <br /> for correcting any defects that may arise during the maintenance period and shall remove <br /> temporary sedimentation and erosion control measures. <br /> (D) Maintenance guarantees shall be in the form of a performance bond, irrevocable letter of <br /> credit, or cash escrow account and shall conform to the following: <br /> (1) The amount of the guarantee shall be at least 15%of the total cost of <br /> constructing the public road improvements (excluding the costs of clearing and <br /> rough grading). <br /> (2) The estimated cost of the required improvements must be itemized and certified <br /> by the applicant's licensed professional engineer or licensed professional <br /> surveyor, if the surveyor was the original preparer of the plans for the <br /> subdivision. <br /> (3) In the case of minor subdivisions, the subdivider's licensed professional engineer <br /> or licensed professional surveyor may provide the itemized cost estimate. <br /> (4) Cost estimates must be based on industry norms within Orange County. <br /> (5) The Planning Director or Planning Board may require a higher guarantee amount <br /> when deemed necessary to address higher potential correction costs due to the <br /> subdivision's size and site characteristics, but in no event may the amount <br /> exceed 25% of estimated construction costs. <br /> (E) The guarantee shall have a term of two years and shall provide an option for annual <br /> renewal if the subdivider' er has: <br /> (1) Arranged for County inspection of the improvements, <br /> Orange County, North Carolina—Unified Development Ordinance Page 7-7 <br />