Unified Development Ordinance - Currituck County Government

Chapter 6: Subdivision and Infrastructure StandardsSECTION 6.3: PERFORMANCE GUARANTEESSubsection 6.3.1: Performance Guarantees6.3. PERFORMANCE GUARANTEES6.3.1. Performance GuaranteesA. GeneralA performance guarantee, in accordance with the standards in this section, shall berequired in the following circumstances:(1) To ensure the completion of public infrastructure improvements that arerequired as part of an approved subdivision (e.g., streets, sidewalks, streetlights, drainage infrastructure associated with a street, etc.), but are notapproved by the Planning Director or County Engineer as complete beforeapplication for approval of a final plat (see Section 2.4.8);(2) To ensure completion of public infrastructure improvements that are requiredas part of a site plan (e.g., streets, sidewalks, street lights, etc.), but are notinstalled before occupancy of the development; and(3) To ensure completion of private site improvements that are required as partof a site plan (e.g., landscaping, tree protection measures, parking, screening,etc.), but are not installed before occupancy (see Section 2.4.7), provided thePlanning Director determines that the property may be safely occupied andused in spite of the delayed installation of the improvements.B. Term of Performance GuaranteesThe term of a performance guarantee shall reflect any time limit for completinginstallation of required improvements that is included in approval of the final plat,building permit, or zoning compliance permit, as appropriate, but in any case, the termshall not exceed two years. The Planning Director may, for good cause shown andwith approval of the provider of the guarantee, grant up to one extension of the term,for a time period not exceeding one year.C. Form of Performance Guarantee(1) Where required, the owner or developer shall furnish a performanceguarantee in any of the following acceptable forms:(a)(b)(c)Cash deposit with the county;Certified check from a North Carolina lender based upon a cashdeposit, in a form acceptable to the County Attorney; orIrrevocable letter of credit, valid for at least three years, from a NorthCarolina banking institution in a form acceptable to the CountyAttorney.(2) The performance guarantee shall be conditioned on the performance of allwork necessary to complete the installation of the required improvementswithin the term of the performance guarantee. Performance guarantees shallprovide that in case of the owner’s or developer’s failure to complete theguaranteed improvements, the county shall be able to immediately obtain thefunds necessary to complete installation of the improvements.CURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCE6.23