Morrisville UDO - June 2017 version

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Article 8: Performance and Maintenance
Section 8.2. Maintenance
8.2.1. General Maintenance Requirement
June 23, 2017 Morrisville, NC
Page 8-4 Unified Development Ordinance
Limits on Reductions
a. No performance guarantee for public infrastructure improvements shall be reduced to less than
30 percent of the full amount of the performance guarantee until all guaranteed public
infrastructure improvements have been completed by the owner or developer.
b. No performance guarantee for required private site improvements such as replacement trees,
buffer screening, and landscaping shall be reduced to less than 75 percent of the full amount
of the performance guarantee, until all guaranteed private site improvements have been
completed by the owner or developer.
F. Default and Forfeiture of Performance Guarantee
Notice of Failure to Install or Complete Improvements
If the owner or developer fails to complete installation of the guaranteed improvements within the
term of the performance guarantee (as may be extended), the Town Engineer (for public
infrastructure improvements) or Planning Director (for private site improvements) shall give the
owner or developer 30 days written notice of the default by certified mail.
Town Completion of Improvements
After the 30-day notice period expires, the Town may:
a. Issue a Stop Work Order in accordance with Section
and/or
b. Draw on the security and use the funds to perform work necessary to complete installation of
the guaranteed improvements. After completing such work, the Town shall provide a complete
accounting of the expenditures to the owner or developer and, as applicable, refund all unused
security deposited, without interest.
(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016))
SECTION 8.2. MAINTENANCE
8.2.1. General Maintenance Requirement
When the standards and procedures of this Ordinance, or a development approval issued pursuant with
this Ordinance, or conditions attached to any such approval require that any building or site feature be
constructed or installed, the owner of the affected property shall be responsible for maintaining those
building or site features in good repair, and for replacing them if they are damaged or destroyed or, in
the case of living materials, if they die or are effectively destroyed after installation. In addition, property
owners shall be responsible for each of the additional maintenance and replacement standards set forth in
the various parts and sections of this article.
8.2.2. Maintenance Guarantees
A. General
A maintenance guarantee in accordance with the standards in this section is required in the following
circumstances:
To ensure against defects in workmanship or materials in providing 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 with
required as part of Construction Plan Approval (Section or a Subdivision Approval (Section
;