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Article 6: Development Standards 145 <br /> Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee329F <br /> (4) Performance Guarantee shall be used only to complete required construction <br /> activities and shall not be used for repairs or maintenance activities. <br /> (B) For d'iAd Regu*elx4ent- Zoning Compliance Permits and Subdivision-, , the following <br /> additional requirements shall apply: <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 /> (C) Additional Qecluken4enfs For Stormwater Control Measures (SCMs„ the following <br /> additional requirements shall apply: <br /> Timing Gove age, rl�pro+i.,., o..+or,oi.,., lor.ol r oihilifior r,r! rol000in Af RGM <br /> s shall be 'R aGGE)rdaRGe with the .,f NIGG_S '> <br /> (1) All SCMs shall be conditioned on the posting of an SCM Performance <br /> bePAGuarantee for SCM construction and initial SCM maintenance as detailed <br /> herein.-332 <br /> (2) The SCM Performance Guarantee costG st 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) , <br /> NIAr+h CArnlir,o r io+oro.d r,MfeGGOORal eRqmReer r landSGap FGh0teGt and shall <br /> include, h„+ Ret be lmg#ted+,,, 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 /> (c) Design and engineering; and <br /> (d) Grading, excavation, fill, etc. <br /> (3) The duration of the SCM Performance Guarantee shall initially 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 /> (4) 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 owning entity333 (prior to <br /> expiration)for the duration necessary to complete construction of the SCM in <br /> conformance with the approved SMP. <br /> (5) The SCM shall be inspected by the Erosion Control Officer after the owning entity <br /> 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 /> 33z 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 /> "I Edit(s) based on Legal Sufficiency Review comments. <br /> Orange County, North Carolina—Unified Development Ordinance Page 6-162 <br />