Morrisville UDO - June 2017 version

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Article 8: Performance and Maintenance
Section 8.2. Maintenance
8.2.2. Maintenance Guarantees
June 23, 2017 Morrisville, NC
Page 8-6 Unified Development Ordinance
construction of homes on remaining lots within a subdivision). Actual costs for installing required
public infrastructure improvements shall be itemized by improvement type and certified by the
owner’s or developer’s licensed Professional Engineer. Actual costs for installing required
landscaping shall be itemized and certified by the owner’s or developer’s registered landscape
architect.
Maintenance guarantees for tree replacement or corrective action for damaged trees shall be in
an amount determined based on Guide for Plant Appraisal (Council of Tree and Landscape
Appraisers), as amended.
The amount of a maintenance guarantee for required public infrastructure improvements or
landscaping may be waived or reduced by the Town Council where alternative means of ensuring
proper maintenance of the improvements or landscaping are used.
E. Release or Reduction of Maintenance Guarantees
The Planning Director or Town Engineer, as appropriate, shall release a maintenance guarantee
for public infrastructure improvements or landscaping at the end of the term of the maintenance
guarantee only after Town staff has performed an inspection of the guaranteed improvements or
landscaping and certified in writing that they have been maintained in accordance with approved
plans and specifications.
The Planning Director shall release a maintenance guarantee for tree replacement or corrective
action for damaged trees at the end of the term of the maintenance guarantee only after Town
staff has performed an inspection of the subject trees and has certified in writing that they were
properly transplanted, planted, or corrected and have been maintained in a healthy state in
accordance with approved plans and specifications.
Where the term of a maintenance guarantee for tree replacement has been extended to cover the
replacement of trees that died or were effectively destroyed during the original term (see Section
, the Planning Director may reduce the guarantee by the
percentage of the total number of guaranteed trees that survived the original term.
F. Default and Forfeiture of Maintenance Guarantee
Notice of Failure to Maintain Guaranteed Improvements, Landscaping, or Trees
If the owner or developer fails to maintain the guaranteed public infrastructure improvements,
landscaping, or replacement trees during the term of the performance guarantee, the Planning
Director or Town Engineer, as appropriate, shall give the owner or developer 30 days written
notice of the default by certified mail.
Town Correction of Defects
After expiration of the 30-day notice period for failure to maintain guaranteed public
infrastructure improvements or landscaping, the Town may draw on the security and use the funds
to perform work necessary to ensure the guaranteed public infrastructure improvements or
landscaping comply with approved plans and specifications. 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)