Morrisville Unified Development Ordinance - April 2019

Article 8: Performance and Maintenance Section 8.2. Maintenance 8.2.2. Maintenance Guarantees

To ensure the survival and health of landscaping that is required in accordance with Section 5.7, Perimeter and Streetyard Buffers, Section 5.12, Landscaping, or Section 5.13, Screening, during an establishment period, and during a maintenance and monitoring period.

B. Term of Maintenance Guarantees

Public Infrastructure Improvements

The term of a maintenance guarantee for public infrastructure improvements shall be a minimum of one year from the date of acceptance.

Landscaping

The term of a maintenance guarantee for landscaping shall be one year from the date the landscaping is installed. Replacement Trees The term of a maintenance guarantee for replaced trees shall be three years from the date the trees are planted, provided that such term shall be extended for any guaranteed tree that is replaced during the original three-year term to cover three years after the date of replacement.

C. Form of Maintenance Guarantees

Where required, the owner or developer shall furnish a maintenance guarantee for the provision of required landscaping in any of the following acceptable forms:

a. Cash deposit with the Town;

b. Certified check from a North Carolina lender based upon a cash deposit, in a form acceptable to the Town Attorney; c. Irrevocable letter of credit from a North Carolina banking institution in a form acceptable to the Town Attorney; or d. Surety bond from a North Carolina surety bonding company in a form acceptable to the Town Attorney. A maintenance guarantee for public infrastructure improvements or landscaping shall be conditioned on the performance of all work necessary to maintain required public infrastructure improvements or landscaping during the term of the maintenance guarantee, including work needed to repair or replace infrastructure defects or replace plants that have died within the term of the maintenance guarantee. A maintenance guarantee for a replacement tree shall be conditioned on the performance of all work necessary to transplant or plant replacement trees and maintain them during the term of the maintenance guarantee, including work needed to replace replacement trees that have died or been effectively destroyed during the term of the maintenance guarantee. Maintenance guarantees shall provide that in case of the owner’s or developer’s failure to maintain and repair or replace the guaranteed public infrastructure improvements or landscaping—or to transplant or plant and maintain the guaranteed replacement trees—during the term of the maintenance guarantee, the Town shall be able to immediately obtain the funds necessary to make necessary repairs or replacements. D. Amount of Maintenance Guarantees Maintenance guarantees for public infrastructure improvements and landscaping shall be in an amount equal to at least 20 percent of the full actual cost, including the costs of materials and labor, of installing the required public infrastructure improvements or landscaping. The Town Engineer may require a greater amount on determining it is necessary to cover the costs of greater than usual damage or deterioration that might be expected to result from on-going construction activities in the development (e.g., damage to roadways from heavy vehicles involved in the

Morrisville, NC

April 23, 2019

Unified Development Ordinance

Page 8-5