Secondary and Cumulative Impacts Master Management Plan - 2014

Article 8: Performance and Maintenance Section 8.2. Maintenance 8.2.1. General Maintenance Requirement

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

June 2013 Page 8-4

Morrisville, NC

Unified Development Ordinance - Public Hearing Draft