Morrisville Unified Development Ordinance – September 2018

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

Limits on Reductions a. No performance guarantee for public infrastructure improvements shall be reduced to less than 30 percent of the full amount of the performance guarantee until all guaranteed public infrastructure improvements have been completed by the owner or developer. b. No performance guarantee for required private site improvements such as replacement trees, buffer screening, and landscaping shall be reduced to less than 75 percent of the full amount of the performance guarantee, until all guaranteed private site improvements have been completed by the owner or developer. F. Default and Forfeiture of Performance Guarantee Notice of Failure to Install or Complete Improvements If the owner or developer fails to complete installation of the guaranteed improvements within the term of the performance guarantee (as may be extended), the Town Engineer (for public infrastructure improvements) or Planning Director (for private site improvements) shall give the owner or developer 30 days written notice of the default by certified mail. Town Completion of Improvements After the 30-day notice period expires, the Town may: a. Issue a Stop Work Order in accordance with Section 10.4.1.A, Issuance of Stop Work Order; and/or b. 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. (Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)) SECTION 8.2. MAINTENANCE 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. 8.2.1. A. General A maintenance guarantee in accordance with the standards in this section is required in the following circumstances: 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); 8.2.2. Maintenance Guarantees

September 25, 2018

Morrisville, NC

Page 8-4

Unified Development Ordinance