Secondary and Cumulative Impacts Master Management Plan - 2014

Article 8: Performance and Maintenance

SECTION 8.1. PERFORMANCE

8.1.1. Review for Compliance

Unless otherwise provided in this article or in Article 7: Stormwater Management, review for compliance with the standards of this article shall occur during review of an application for Major Subdivision Final Plat Approval (Section 2.5.6.B), Minor Subdivision Approval (Section 2.5.6.D) or Construction Plan Approval (Section 2.5.8), as appropriate.

8.1.2. Phasing of Development

The phasing of development is allowed as part of Conceptual Master Plan Approval (Section 2.5.4) or Site Plan Approval (Section 2.5.7) in accordance with the following standards. A. Phasing Criteria Phasing of approved development shall be in keeping with an approved phasing plan that shows phase boundaries and describes included development and improvements in accordance with the following criteria: 1. The numbering of phases shall be sequential and coincide with the order in which the different development phases are proposed to be constructed. 2. Each phase shall be designed to include all improvements and other aspects of development necessary to meet all requirements of this Code and other applicable regulations, either as a stand-alone development or in conjunction with completed and accepted phases of the same development. B. Temporary Measures A phasing plan may include installation of temporary measures as necessary to allow a particular phase to meet the phasing criteria in subsection A above, provided authorization of the temporary measures shall be valid for one year and be accompanied by the provision of a performance guarantee and a maintenance guarantee for the temporary measures in accordance with Section 8.1.3, Performance Guarantees, and 8.2.2, Maintenance Guarantees. A performance guarantee in accordance with the standards in this section shall be required in the following circumstances: 1. To ensure completion of 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) that are required as part of Construction Plan Approval, but are not installed before application for a Major Subdivision Final Plat, Minor Subdivision Plat, or Building Permit; 533 N.C.G.S. § 160A-372(c) expressly authorizes municipalities to require performance guarantees to ensure the successful completion of improvements required for subdivisions. N.C.G.S. § 160A-383 includes a more general authorization for zoning regulations to facilitate the efficient and adequate provision of public improvements. Performance guarantees have long been used in local subdivision regulations to ensure completion of required public improvements in subdivisions before lots are platted and developed, and are commonly used in local zoning regulations to ensure completion of required public improvements before served buildings are occupied, as well as to ensure completion of required buffers, screening, and other landscaping before associated buildings are occupied or within a defined time period after their occupancy. 8.1.3. Performance Guarantees 533 A. General

Morrisville, NC

June 2013 Page 8-1

Unified Development Ordinance - Public Hearing Draft