PB Agenda Packet 5-6-26 - Laserfiche WebLink

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Article 7: Subdivisions Section 7.4: Improvements and Performance Guarantees !R\!�\ The In+owner of no.�h dwellingdwellingunit nr In+shall have��n+in.. rights in +hn i�T��I ajsoownerci�r;and 40 (7)(6) The homeowners association shall be able to adjust any assessments to meet changed needs. (B) When articles of incorporation are required, they shall be submitted in the form in which they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the articles of incorporation shall be provided to the Planning Department. 7.4.7 Assumption of Maintenance Responsibilities by Property Owner's Association In those instances where a property owner's association, as detailed within subsection 7.4.56, is to assume maintenance responsibility for unbuilt required improvements within the-a subdivision; the following nrnress shall he adhered tn• (A) The subdivider shall be required to submit te the PlanRing i in WitiRg, nntia+inn that he she inteRds to transfer m ntenanne r sihiliti fin es to a establisher) n nerty n iatinn staff and preperty GWRer's aSSGGiatieR members and GffiGers te review the status of all required i nts and nU aline the a a+inn's perpetual m ntenanne ibility. The meeting shall take plaGe at the Planning Departme normal b Usiness hey firs (C) The-subdivider shall prepare a document, to be approved in both form and content by the Planning Denar+men+ aR Orange County °tom, 961tIiRiagdetailing the current conforming status of all required improvements and providing documentation that the improvements Dave-were recently beeRinspected and certified as being compliant with federal, state, and/or local regulations, or otherwise ensured by an approved Performance Guarantee.. a .Jn fanilities fer v.ohinh r sihility is heron a nd me (E) Samd dOGUment shall, upon eXeGUtien, be FeGOrded with the Orange County Register of Deeds at the expense of the 1;,ihrdiyide as formal reonnni+ion that maintenance P yr va�v-macr,,�.r�vr�rmTccvgr� cnurrcc resnnnsibllities have been assumed imed by the nroneFty n ssnciation The Planning nenartmen+Orange County shall not release the subdivider of maintenance responsibilities, or authorize the release of Performance Guarantees, until this process is completed.41 (€)(1) All outstanding Performance Guarantees held by a subdivider must be effectively transferred to the Property Owners Association and/or Homeowner's Association before Orange County will release such a Performance Guarantee to the subdivider. 7.4.8 Maintenance Guarantees —Public Roads (A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are to be dedicated to the public are properly maintained, free from defects, between the time of construction and the time of formal acceptance for maintenance by the North Carolina Department of Transportation. (B) A maintenance guarantee shall be in place before any required Performance Guarantee is released or before any building permits are issued for subdivisions containing public road improvements. 40 These are private matters outside the County's purview. "These are generally private civil matter that do not need to involve the county. Orange County, North Carolina—Unified Development Ordinance Page 7-7