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Article 7: Subdivisions <br /> Section 7.5: Subdivision Agreements <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 7-7 <br /> <br />(C) Maintenance guarantees for public road facilities shall stipulate that the subdivider will <br />maintain all required public road improvements, drainage improvements, and <br />sedimentation and erosion control improvements to the standards of this Ordinance until <br />the public road improvements are added to the state-maintained road system. The <br />guarantee shall also state that the subdivider will be responsible for correcting any <br />defects that may arise during the maintenance period and shall remove temporary <br />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 has: <br />(1) Arranged for County inspection of the improvements, <br />(2) Submitted to the County an acceptable estimate of the costs necessary to correct <br />any deterioration or defects discovered by the inspection, and <br />(3) Increased the amount of the security by the amount of said estimate. <br />(F) The subdivider shall pay a fee in accordance with the Fee Schedule adopted by the <br />Board of County Commissioners at the time of the initial posting of the guarantee and for <br />each subsequent renewal or extension to cover the County’s administrative costs. <br />SECTION 7.5: SUBDIVISION AGREEMENTS <br />(A) The subdivider of all minor and major subdivisions shall record a subdivision agreement <br />outlining the limitations associated with the development of created lots at the Orange <br />County Register of Deeds at the same time the Final Plat is recorded. <br />(B) The purpose of the subdivision agreement is to provide detail on various development <br />limitations that will regulate the overall development of property consistent with the <br />approval of the subdivision. <br />(C) This subdivision agreement shall, at a minimum, outline the following development <br />criteria for property within the subdivision: <br />(1) Required development setbacks for lots within the project , <br />(2) Impervious surface limits for the lots within the development, <br />(3) The presence of identified environmental features (i.e. stream buffers, flood plain, <br />wetlands, etcetc.) and an explanation on how development of the lot(s) is <br />impacted, <br /> 32