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Article 8: Performance and Maintenance
Section 8.2. Maintenance
8.2.2. Maintenance Guarantees
June 2013
Morrisville, NC
Page 8-6
Unified Development Ordinance - Public Hearing Draft
guarantee by the percentage of the total number of guaranteed trees that survived the original
term.
F.
Default and Forfeiture of Maintenance Guarantee
1.
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.
2.
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.