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Failure to maintain common areas, common features, or infrastructure is a violation of this Ordinance and is subject to the penalties and remedies in Article 8: Enforcement.
(Ord. 2020-36, passed 12-2-2019)
These standards create the additional flexibility necessary for development to be occupied or for lots in a subdivision to be conveyed prior to completion of all required infrastructure or site improvements, provided funds have been reserved for completion of these features. These provisions ensure that funds are available for the Town's use to complete required pubic infrastructure or private site features in the event an applicant or developer is unable to do so.
(Ord. 2020-36, passed 12-2-2019)
A. The following facilities and site features may be eligible for performance guarantees at the discretion of the Town:
1. Public Facilities. The following forms of public infrastructure may be completed subject to a performance guarantee:
a. Sidewalks;
b. Greenways;
c. Multi-use paths; or
d. The final lift of asphalt on a street.
2. Private Site Features.
a. The following forms of private site features may be completed subject to a performance guarantee:
i. Required landscaping;
ii. Private stormwater management facilities; and
iii. Reforestation activity (see Section 5.9.4.B, Reforestation Standards).
b. All other required site features shall be completed prior to issuance of a certificate of occupancy for the development.
B. Performance guarantees shall be configured and managed in accordance with the standards in this section.
(Ord. 2020-36, passed 12-2-2019)
The following infrastructure facilities are not eligible for performance guarantees, and shall be completed and dedicated to the Town prior to approval of the final plat:
A. Potable water;
B. Sanitary sewer;
C. Public stormwater management facilities;
D. Curb and gutter;
E. Street signs, traffic control signals, and
F. Street lights.
(Ord. 2020-36, passed 12-2-2019)
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