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Article 8: Performance and Maintenance
Section 8.2. Maintenance
8.2.1. General Maintenance Requirement
June 2013
Morrisville, NC
Page 8-4
Unified Development Ordinance - Public Hearing Draft
2.
Town Completion of Improvements
After the 30-day notice period expires, the Town may 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.
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:
1.
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 Article 7: Stormwater
Management) required as part of Construction Plan Approval (Section 2.5.8) or a Subdivision
Approval (Section 2.5.6);
2.
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
The term of a maintenance guarantee for public infrastructure improvements shall be one year from
the date of acceptance. The term of a maintenance guarantee for landscaping shall be one year from
the date the landscaping is installed. 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
1.
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