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Article 6: Development Standards 93 <br /> Section 6.22: PERFORMANCE GUARANTEE STAN DARDSerformance Gurantee <br /> (1) Timing, coverage, duration, extension, legal responsibilities, and release of <br /> guarantees shall be in accordance with the provision of NCGS 160D-804.1 <br /> inclusive. <br /> (2) Guarantees shall not be released for a subdivision proposing development of a <br /> public road until a maintenance guarantee is posted consistent with Section 7.4.8 <br /> of this Ordinance. <br /> (F) Additional Requirements—Stormwater Control Measures (SCMs): <br /> (1) Timing, coverage, duration, extension, legal responsibilities, and release of SCM <br /> performance guarantees shall be in accordance with the provision of NCGS ?... <br /> (2) All SCMs shall be conditioned on the posting of an SCM p--performance <br /> bendguarantee for SCM construction and initial SCM maintenance as detailed <br /> herein._248 <br /> (3) The SCM performance guarantee costCest estimates shall be sealed by a North <br /> Carolina registered professional engineer or landscape architect (to the extent <br /> that General Statute Chapter 89A allows) , G^^808teRt +h r.ir�c szaA h„ <br /> and shall <br /> include-,-b-ut Ret be lirnited o, the costs of the following items: <br /> (a) The value of all materials such as piping and other structures,; <br /> (b) Seeding and soil stabilization,; <br /> (CC) Design and engineering,;and <br /> (d) Grading, excavation, fill, etc. <br /> (4) The duration of the SCM performance guarantee shall initiallV be one year, <br /> unless the owning entity determines that the scope of work for the required <br /> improvements necessitates a longer duration. In the case of a bonded obligation, <br /> the completion date shall be set one year from the date the bond is issued, <br /> unless the owning entity determines that the scope of work for the required <br /> improvements necessitates a longer duration. <br /> (5) The owning entity shall demonstrate reasonable, good-faith progress toward <br /> completing construction of the SCM that is secured by the SCM performance <br /> guarantee. If the SCM performance guarantee is likely to expire prior to <br /> construction of the SCM in conformance with the approved SMP, then the SCM <br /> performance guarantee shall be extended by the permit applicant (prior to <br /> expiration) for the duration necessary to complete construction of the SCM in <br /> conformance with the approved SMP. <br /> (6) The SCM shall be inspected by the Erosion Control Officer after the owning entity <br /> T formally notifies the Erosion Control Officer that all SCM-related work has been <br /> completed. Prior to SCM inspection, the owning entity shall provide the following <br /> items to the Erosion Control Officer: <br /> (a) Draft plat(s)/deed(s)for any required SCM maintenance easement(s) or <br /> draft subdivision plat(s)/deed(s)that contain any required SCM <br /> maintenance easement(s), ready for filing/recording with the Orange <br /> County Register of Deeds. The draft plat(s)/deed(s) shall be reviewed <br /> and approved by the Erosion Control Officer prior to recordation by the <br /> owning entity. <br /> (b) Draft SCM Operation and Maintenance Agreement (OMA), ready for <br /> filing/recording with the Orange County Register of Deeds. The draft <br /> ..s Existing regulations(Section 6.14.10 of the UDO) requires the posting of a performance guarantee covering the <br /> construction and initial operation of an SCM. Staff is merely taking existing requirements and proposing to move <br /> same into a central section on required 'performance guarantees'. <br /> Orange County, North Carolina—Unified Development Ordinance Page 6-157 <br />