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Article 6: Development Standards 39 <br /> Section 6.14: Stormwater Management <br /> (c) Failure to Perform <br /> (i) Upon default of the permit applicant to complete and/or maintain <br /> the st r,,,wate,-,.entree StFU tUreSCM as spelled out in the <br /> performance bond or other security, the County may obtain and <br /> use all or any portion of the funds necessary to complete the <br /> improvements based on an engineering estimate. <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 ster,,,wate. +r„I S+r, GtLAFeSCM or the estimated cost of <br /> maintaining the +, +o , ,n+ I gtrlint,-roSCM over a ten year period, <br /> whichever is greater. <br /> (i) Estimated Maintenance Costs <br /> a. The estimated cost of maintaining theer <br /> eSCM shall be consistent with the approved <br /> operation and maintenance plan or manual provided by <br /> the 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 st r,,,water GGRtFGI S+r, WreSCM 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 /> Orange County, North Carolina—Unified Development Ordinance Page 6-102 <br />