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Article 7: Subdivisiopt <br /> Section 7.4: Improvements and Performance Guarantees <br /> (2) All legal documents shall be submitted, reviewed and approved by the Orange <br /> County Attorney, or <br /> (3) A Performance Guarantee has been provided in accordance with the provisions <br /> detailed herein. <br /> (B) An improvement shall be deemed completed only after the appropriate public agency has <br /> certified that the improvement(s) has been installed in accordance with the approved <br /> preliminary plat, the approved construction plan, and in accordance with applicable <br /> federal, state, and county regulations. <br /> (C) As authorized by the North Carolina General Statutes, idn lieu of certification from a public <br /> agency, the Planning Director is authorized to accept certification from the applicant's <br /> licensed professional engineer or licensed professional surveyor or other professional as <br /> e, therized by the Ner+h Gareiine General Stat ,+ems that the improvements have been <br /> installed in accordance with all applicable standards. <br /> 7.4.4 oe..fnrman^e Gliarantee Reserved <br /> (A) IR aGGGrdanGe with SeGtien 2.27 ef this QrdinanGe, a PerfermanGe Guarantee shall be <br /> required fer the purpese ef ensuring that subdividers preperly iRstall all requir <br /> nenStF Gtien plane 42 <br /> 7.4.5 Maintenance of Required Improvements <br /> Improvements installed as a requirement of subdivision approval shall be maintained by the <br /> subdivider until they are accepted for maintenance by the appropriate party, as represented in <br /> either the Subdivision Declarations or the Subdivision Agreement- <br /> (A) the North Carolina Department of <br /> Transportation; utility provider; , <br /> HomeOWRers' or Property Owners' o f'oe <br /> 7.4.6 Property Owners'Association <br /> (A) Where a , property owners', or homeowner's association or similar legal <br /> entity is to be responsible for the maintenance and control of any improvements required <br /> as part of subdivision approval, the subdivider shall file,, with the Planning Department, <br /> and record with the final plat, a declaration of covenants and restrictions, articles of <br /> incorporation, `"'hero req iirerl and/or by-laws as approved by the County Attorney that <br /> will govern the maintenance and control of such improvements. Provisions shall include <br /> but not be limited to the following: <br /> (1) Establishment of Tthe association snap.,,be established befe.raprior to the sale of <br /> any homes are- soda and/or aooccupation of any building$ssuied; <br /> (2) Mandatory mMembership shall be mandatery for each home buyer and all <br /> successive buyers; <br /> (3) The association shall be responsible for liability insurance, local taxes and <br /> maintenance of recreation, Common Open Space areas, and other facilities, <br /> including streets and utility lines; <br /> (4) TheyYeM80WReFS must pay their pro reed share ofthe-F.osvts, "�Rd aa-rnrf`s <br /> levied by the association that remain URPaid shall become a lien on the individ-H-al <br /> homeowner's property which shall be subordinate only to tax and mortgage lien&,� <br /> (5)(4) If all or any portion of the property held by the association is being disposed of, or <br /> if the association is dissolved, adequate recreation space shall be deeded to <br /> Orange County or the appropriate unit of local government to satisfy the public <br /> recreation space required by this Ordinance; <br /> 4z Redundant and unnecessary <br /> Orange County, North Carolina-Unified Development Ordinance Page 7-6 <br />