Orange County NC Website
Browse       Search
Article 6: Development Standards <br /> Section 6.14: Stormwater Management <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 6-102 <br /> <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 />(iii) The County shall not return any of the deposited cash funds. <br />(B) Maintenance and Upkeep <br />(1) Operation and Maintenance Agreement <br />(a) The permit applicant shall enter into a binding Operation and <br />Maintenance Agreement between Orange County and all interests in the <br />development. <br />(b) The agreement must include the following: <br />(i) Name and address of the person or organization financially <br />responsible for paying the annual inspection fee; <br />(ii) Name(s) and address(es) of all parties to whom a copy of the <br />annual inspection report should go; <br />(iii) Name and address of the person or organization financially <br />responsible for all maintenance specified in the annual <br />inspection report; and <br />(iv) Emergency contact information. <br />(c) The Agreement shall require the owning entity to maintain, repair and, if <br />necessary, reconstruct the stormwater control structure in accordance <br />with the operation and management plan or manual prepared by the <br />developer. <br /> 12