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Article 7: SubdivisioR9 <br /> Section 7.4: Improvements and Performance Guarantees <br /> !R\!G\ The I +r,�.�.,or.,f oo.�h rl�.�olli.,.. .,i+or L,+shall have��r,+i.,.. r..h+o OR +ho <br /> i—T��l r, <br /> ajsoci�r;and 43 <br /> M(6) The homeowners association shall be able to adjust any assessments to meet <br /> changed needs. <br /> (B) When articles of incorporation are required, they shall be submitted in the form in which <br /> they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the <br /> articles of incorporation shall be provided to the Planning Department. <br /> 7.4.7 Assumption of Maintenance Responsibilities by Property Owner's Association <br /> In those instances where a property owner's association, as detailed within subsection 7.4.56, is <br /> to assume maintenance responsibility for undelivered improvements within the-a subdivision-,#�e <br /> following nrocess shall be adhered to: <br /> (A) The subdivider shall be required to submit te the PlanRing DepartmeRt, iR WFitlpg-, <br /> nreperty G atie- <br /> (B) The subdivider shalt GGGrdiRate d sshedu„e a jeontmeetiRg with Planning <br /> DepartmeRt staff and prepeFty GWRer's aSSGGiatien members and OffiGers te review the status of <br /> (q The the subdivider shall prepare a document, to be approved in both form and <br /> content by the olanning nenartmen+ an,+Orange County °tom, gdetailing the current <br /> conforming status of all required improvements and providing documentation that the <br /> improvements have-were recently beeR inspected and certified as being compliant with federal, <br /> state, and/or local regulations, or otherwise ensured by an approved Performance Guarantee.. <br /> (D) �ee-?-;�f the per#y-�;ner s-assec+a+ien shall review s�nthe said <br /> improvements and facilities fer which r sibili+v is herog aSSUM erJ <br /> (€) Said document shells..,--upon execution, be recorded with the (bonne County <br /> subdivider,Register of Deeds, at the expense of the as formal recognition that maintenance <br /> responsibilities have been assumed by the property owner's association <br /> The olanninr. flepartmen+Orange County shall not release the subdivider of maintenance <br /> responsibilities, or authorize the release of Performance Guarantees, until this process is <br /> completed.44 <br /> ( )(1) All outstanding Performance Guarantees held by a subdivider must be effectively <br /> transferred to the Property Owners Association (POA) and/or Homeowner's <br /> Association before Orange County will release such a Performance Guarantee to <br /> the subdivider. <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 Guarantee <br /> is released or before any building permits are issued for subdivisions containing public <br /> 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 /> 43 These are private matters outside the County's purview. <br /> 44 These are generally private civil matter that do not need to involve the county. <br /> Orange County, North Carolina—Unified Development Ordinance Page 7-7 <br />