Orange County NC Website
Browse       Search
Article 7: Subdivisions 125 <br /> Section 7.4: Improvements and Performance Guarantees <br /> preliminary plat, the approved construction plan, and in accordance with applicable <br /> federal, state, and county regulations. <br /> (C) In lieu of certification from a public agency, the Planning Director is authorized to accept <br /> certification from the applicant's licensed professional engineer or licensed professional <br /> surveyor or other professional as authorized by the North Carolina General Statutes that <br /> the improvements have been installed in accordance with all applicable standards. <br /> 7.4.4 Performance Guarantees <br /> (A) In accordance with Section 2.27 of this Ordinance a Performance <br /> Guarantees shall be required for the purpose of ensuring that subdividers properly install <br /> all required subdivision improvements in a timely manner, in accordance with approved <br /> plats and construction plans. <br /> good Gause and with the approval of the previder of the guaar-aarRtee,,ggrua not <br /> eVtensions of the term with each s ch extensien net+e e ed o <br /> Re year. <br /> irreVE)Gable letter-of <br /> + + The f g�saran+ shall he de+erm per! by+he <br /> 6FG�ir-vrC-a ShtiS6FOv'rac`F.F.A'u'nrn�-� vmrvrgarnunree <br /> ubd0yirler <br /> �wvrv-racT <br /> (D) The performance guarantee shall be conditioned upon the performanGe of all work <br /> necessary to complete the required subdivision improvements within the time period <br /> specifier) at the time of preliminary plat or construction plan approval <br /> (E) The amount of the performance guarantee shall equal at least 0 of the estimated <br /> cost, including project management costs, of the required improvemeRts that have not <br /> been installed by the time of final plat submittal. <br /> es+ima+os shall he haler! OR inr+Us+nY ROFMS .d+hin Orange (`ouW <br /> (G) if a subdivider fails to properly install required improvemeRtS within the term of the <br /> guarantee, the guarantee will be deemed in default. in the Gase ef default, the County <br /> authorized to use the guarantee funds to complete the required subdivision <br /> . P r�rniements or to let a contract for installation of the required improvements <br /> .", r <br /> (14) QRce the conditions of the performance guarantee have been completer) to the <br /> satisfaction of the appropriate agencies and any required maintenance guarantee has <br /> been previded iR aGGGrdaRGG with the previsiens of this QrdiRaRGe, the g6laFaRtee shall <br /> he releaser! <br /> vc-rcrcavccr. <br /> provided, <br /> W) Once all of the required improvements have been at least 0 <br /> certified, the financial <br /> guarantee may be reduced by the ratie that the completed improvements bear to the total <br /> . . HeRts required. However, only one such reduction shall be permitted prior to <br /> releasing the entire performance g arantee 316 <br /> 316 All Performance Guarantee requirements are now detailed in Section 2.27 of the UDO. Most of the language is <br /> referenced within NCGS 160A-372,which is also referenced within Section 2.27. The amendments are necessary <br /> to streamline requirements,avoid confusion,and avoid inconsistencies with State law. <br /> Orange County, North Carolina—Unified Development Ordinance Page 7-5 <br />