Orange County NC Website
Article 7: Subdivisions 151 <br /> Section 7.4: Improvements and Performance Guarantees <br /> recently been inspected and certified as being compliant with federal, state, and local <br /> regulations. <br /> (D) Officers of the property owner's association shall review and sign the said document <br /> confirming the association's obligation in the perpetual maintenance of all improvements <br /> and facilities for which responsibility is being assumed. <br /> (E) Said document shall, upon execution, be recorded with the Orange County Register of <br /> Deeds, at the expense of the subdivider, as formal recognition that maintenance <br /> responsibilities have been assumed by the property owner's association. <br /> (F) The Planning Department shall not release the subdivider of maintenance <br /> responsibilities, or authorize the release of Performance Guarantees349, until this process <br /> is completed. <br /> 7.4.8 Maintenance Guarantees—Public Roads <br /> (A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are <br /> to be dedicated to the public are properly maintained, free from defects, between the time <br /> of construction and the time of formal acceptance for maintenance by the North Carolina <br /> Department of Transportation. <br /> (B) A maintenance guarantee shall be in place before any required Performance <br /> Guarantee350 is released or before any building permits are issued for subdivisions <br /> containing public road improvements. <br /> (C) Maintenance guarantees for public road facilities shall stipulate that the subdivider will <br /> maintain all required public road improvements, drainage improvements, and <br /> sedimentation and erosion control improvements to the standards of this Ordinance until <br /> the public road improvements are added to the state-maintained road system. The <br /> guarantee shall also state that the subdivider will be responsible for correcting any <br /> defects that may arise during the maintenance period and shall remove temporary <br /> sedimentation and erosion control measures. <br /> (D) Maintenance guarantees shall be in the form of a perfermanGe <br /> bond qua ran+eePerformance Guarantee351 meeting the requirements of Section 2.27 of <br /> this Ordinance., irrevocable totter of credit er cash escrow account and shall conform to <br /> the folio * <br /> 0)The aR;G Wn+ref the guarantee shall h��_be at least 150/_ of the total coSt_Gf <br /> constructing the public road improvernents (excluding the Costs Of GleaFiRg and <br /> rough grad'Rq) <br /> bythe applicant's licenser! professional engiReer r licensed professional <br /> surveyor, if the surveyer s the GFigiRalp of the plans fer+he <br /> bsuedi' "s'nviT <br /> OF licensor! professional suweyGr may vino the itemized cos+estimate <br /> (4) f es+estimates must he based r, inrl616+ry n within Orange GE)UW <br /> (5) The Planning DiFeGt9F or Planning Board higher guarantee amount <br /> when deemed necessary to address higher�oter�tial correction costs due to the <br /> subdivision's size and site characteristics but On no event may the amo unt <br /> exceed 250% of estimated construction costs <br /> s49 Consistent use of"Performance Guarantee". <br /> 3so Consistent use of"Performance Guarantee". <br /> 3s1 Edit(s) based on Legal Sufficiency Review comments. <br /> Orange County, North Carolina—Unified Development Ordinance Page 7-7 <br />