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Article 7: Subdivisions 53 Section 7.4: Improvements and Performance Guarantees (B) The subdivider developer shall coordinate and schedule a joint meeting with Planning Department staff and property owner's association members and officers to review the status of all required improvements and outline the association's perpetual maintenance responsibility. The meeting shall take place at the Planning Department's office during normal business hours. (C) The subdivider developer shall prepare a document, to be approved in both form and content by the Planning Department and County Attorney, outlining the current conforming status of all required improvements and providing documentation that the improvements have recently been inspected and certified as being compliant with federal, state, and local regulations. (D) Officers of the property owner's association shall review and sign the said document confirming the association's obligation in the perpetual maintenance of all improvements and facilities for which responsibility is being assumed. (E) Said document shall, upon execution, be recorded with the Orange County Register of Deeds, at the expense of the subdivider/develaper, as formal recognition that maintenance responsibilities have been assumed by the property owner's association. (F) The Planning Department shall not release the subdivider/develaper of maintenance responsibilities, or authorize the release of performance guarantees, until this process is completed. 7.4.8 Maintenance Guarantees— Public Roads (A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are to be dedicated to the public are properly maintained, free from defects, between the time of construction and the time of formal acceptance for maintenance by the North Carolina Department of Transportation. (B) A maintenance guarantee shall be in place before any required performance guarantee is released or before any building permits are issued for subdivisions containing public road improvements. (C) Maintenance guarantees for public road facilities shall stipulate that the subdivider/developer will maintain all required public road improvements, drainage improvements, and sedimentation and erosion control improvements to the standards of this Ordinance until the public road improvements are added to the state-maintained road system. The guarantee shall also state that the subdivider/develaper will be responsible for correcting any defects that may arise during the maintenance period and shall remove temporary sedimentation and erosion control measures. (D) Maintenance guarantees shall be in the form of a performance bond, irrevocable letter of credit, or cash escrow account and shall conform to the following: (1) The amount of the guarantee shall be at least 15% of the total cost of constructing the public road improvements (excluding the costs of clearing and rough grading). (2) The estimated cost of the required improvements must be itemized and certified by the applicant's licensed professional engineer or licensed professional surveyor, if the surveyor was the original preparer of the plans for the subdivision. (3) In the case of minor subdivisions, the subdivider's licensed professional engineer or licensed professional surveyor may provide the itemized cost estimate. (4) Cost estimates must be based on industry norms within Orange County. (5) The Planning Director or Planning Board may require a higher guarantee amount when deemed necessary to address higher potential correction costs due to the subdivision's size and site characteristics, but in no event may the amount exceed 25% of estimated construction costs. Orange County, North Carolina—Unified Development Ordinance Page 7-7