Morrisville UDO - June 2017 version

Article 8: Performance and Maintenance

Section 8.2. Maintenance

8.2.2. Maintenance Guarantees

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 8-5

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,

Section 5.13, Screening,

during

an establishment period, and during a maintenance and monitoring period.

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.

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:

Cash deposit with the Town;

Certified check from a North Carolina lender based upon a cash deposit, in a form acceptable

to the Town Attorney;

Irrevocable letter of credit from a North Carolina banking institution in a form acceptable to

the Town Attorney; or

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.

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