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Article 6: Development Standards <br /> Section 6.14: Stormwater Management <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 6-107 <br /> <br />6.14.9 Stormwater Management Plan <br />(A) Required Approval <br />The Erosion Control Officer shall not issue any permits for new development on any land <br />within Orange County subject to the provisions of this Section, unless and until a <br />Stormwater Management Plan has been reviewed and approved in accordance with <br />Section 2.21.1 of this Ordinance. <br />(B) Compliance with Requirements <br />Any person engaged in new development activities as defined by this Section who fails to <br />file a plan in accordance with this Ordinance, or who conducts any new development <br />except in accordance with provisions of an approved Stormwater Management plan shall <br />be deemed in violation of this Ordinance. <br />(C) Enforceable Restriction <br />Approval of the Stormwater Management plan shall require an enforceable restriction on <br />property usage that runs with the land, such as a recorded deed restriction or protective <br />covenants, to ensure that future development and redevelopment maintains the site <br />consistent with the approved Stormwater Management plan. <br />6.14.10 Operation and Maintenance of Structural Stormwater Measures <br />(A) Posting of Financial Security <br />All stormwater control structures shall be conditioned on the posting of adequate financial <br />assurance for the purpose of maintenance, repairs or reconstruction necessary for <br />adequate performance. Financial assurance shall be in the form of one of the following: <br />(1) Security for Construction of Required Improvements <br />(a) The permit applicant shall provide one of the following as surety for the <br />completion of required improvements: <br />(i) A performance bond from a surety bonding company authorized <br />to do business in North Carolina, <br />(ii) An irrevocable letter of credit or other instrument readily <br />convertible into cash at face value payable to Orange County or <br />(iii) Cash placed in escrow with a financial institution designated as <br />an official depository of Orange County. <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 /> 14