Morrisville Unified Development Ordinance – September 2018

Article 8: Performance and Maintenance Section 8.2. Maintenance 8.2.2. Maintenance Guarantees

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. 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. 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 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. 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. 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 guarantee by the percentage of the total number of guaranteed trees that survived the original term. F. Default and Forfeiture of Maintenance Guarantee 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. 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. (Ord. No. 2015-002, 04/29/2015)

September 25, 2018

Morrisville, NC

Page 8-6

Unified Development Ordinance