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Article 8: Performance and Maintenance
Section 8.2. Maintenance
8.2.2. Maintenance Guarantees
Morrisville, NC
June 2013
Unified Development Ordinance - Public Hearing Draft
Page 8-5
d.
Surety bond from a North Carolina surety bonding company in a form acceptable to the
Town Attorney.
2.
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.
3.
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.
4.
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.
D.
Amount of Maintenance Guarantees
1.
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 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.
2.
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.
3.
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
1.
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.
2.
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.
3.
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
8.2.2.B,Term of Maintenance Guarantees)
, the Planning Director may reduce the