Morrisville UDO - June 2017 version

Article 8: Performance and Maintenance

Section 8.1. Performance

8.1.4. Performance Guarantees

June 23, 2017

Morrisville, NC

Page 8-2

Unified Development Ordinance

Planning Director

The Planning Director decides whether or not to approve or deny requests for Type 2 Subdivision

Preliminary Plat Approval or Minor Site Plan Approval.

(Ord. No. 2014-022, 06/24/2014)

(Ord. No. 2015-047, 07/28/2015)

Form of in Lieu Payment

The in lieu payment shall be provided in cash or certified check from a North Carolina lender to the

Town prior to Construction Plan Approval.

Amount of in Lieu Payment

The amount of an in-lieu payment shall be in an amount equal to 150 percent of the estimated full cost

of completing the installation of the required improvements, including the costs of materials, labor, and

project management.

Use of in Lieu Funds

The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for the

design and construction of street improvements, including associated land acquisition, that serve the

occupants, residents, or invitees of the subdivision or development for which the in-lieu payment is made

(though the improvements may also serve more than one subdivision or development in the area). Such

activities may be undertaken by the Town or in conjunction with the North Carolina Department of

Transportation (NCDOT) under an agreement between the Town and NCDOT.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

8.1.4.

Performance Guarantees

General

A performance guarantee in accordance with the standards in this section shall be furnished the Town

prior to Construction Plan Approval in the following circumstances:

To ensure completion of public infrastructure improvements (e.g., roadways, bike lanes, curb and

gutter, sidewalks, bike paths, crosswalks, traffic signs and controls, street lights, fire lanes, bus

shelters and other transit facilities, greenway paths—but not public improvements provided in

accordance wit

h Article 7: Stormwater Management)

that are required as part of Construction Plan

Approval; and

To ensure completion of plantings of replacement trees, buffer screening, and landscaping that are

required as part of Construction Plan Approval.

Term of Performance Guarantee

The term of a performance guarantee shall reflect any time limit for completing installation of required

improvements that is included in the Construction Plan Approval in a condition deemed acceptable by

the Town Engineer —but in any case, the term shall not exceed three years. The Planning Director or

Town Engineer, as appropriate, may, for good cause shown and with approval of the provider of the

guarantee, grant extensions of the term for up to a total extended period of two years.

Form of Performance Guarantee

Where required, the owner or developer shall furnish a performance guarantee in any of the

following forms with terms and conditions acceptable to the Town Attorney:

Cash deposit with the Town;

Surety bond issued by any company authorized to do business in this State;

Letter of credit issued by any financial institution licensed to do business in this State; or