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(A) Level Required for Final Plat Approval
The final plat shall not be approved until and unless either of the following has occurred:
(1) The developer or subdivider has installed all improvements in accordance with the requirements of this section and the approved preliminary plat; or
(2) The developer or subdivider has installed sufficient improvements to provide functional fire protection (with adequate street access and water supplies for fire-fighting equipment), has provided the Town with a schedule for the completion of the remaining improvements, and has provided the Town with cash in escrow, or an irrevocable letter of credit with the Town, in an amount equal to one and one-half times the estimated cost of the required improvements remaining to be installed, as determined by the Engineering Department, with acceptable sureties guaranteeing the installation of the required improvements. With regard to the construction of thoroughfare improvements required by this Part, the construction of which could be delayed because either the new thoroughfare section would not be accessible for present use, the connecting thoroughfare sections have not been completed, utilities need to be relocated prior to construction of the improvements, or other reasons, the amount of the cash in escrow, or irrevocable letter of credit shall equal two and one-half times the estimated cost of constructing the thoroughfare section, as determined by the Engineering Department.
(B) Level Required for Certificates of Occupancy
The Inspections and Permits Department shall issue no Certificate of Occupancy for development within the subdivision until the Engineering Department verifies that the developer or subdivider has installed all improvements in accordance with the requirements of this section and the approved preliminary plat. All such improvements must be functional and under the one year warranty period for maintenance. Certificates of Occupancy may be issued even though minor deficiencies and defects remain to be cured, provided that:
(1) Such defects or deficiencies do not render the improvements dysfunctional;
(2) The improvements that have been installed provide the full level of fire protection proposed for the subdivision and the improvements are under the one year warranty period for maintenance;
(3) The developer or subdivider has provided the Town with cash in escrow, or an irrevocable letter of credit with the Town, in an amount equal to one and one-half times the estimated cost of the required improvements remaining to be installed, as determined by the Engineering Department, with sureties guaranteeing the installation of the required improvements. With regard to the construction of thoroughfare improvements required by this section, the construction of which could be delayed because either the new thoroughfare section would not be accessible for present use, the connecting thoroughfare sections have not been completed, utilities need to be relocated prior to construction of the improvements, or other reasons, the amount of the cash in escrow, or irrevocable letter of credit shall equal two times the estimated cost of constructing the thoroughfare section, as determined by the Engineering Department.
(C) Inspection
Prior to approval of the final plat or the issuance of any Certificates of Occupancy, the Engineering Department shall inspect all improvements for conformance with the requirements of this Ordinance and the approved plats. The Engineering Department shall have 60 days after the applicant has requested an inspection to inspect and certify the improvements as being constructed in accordance with the requirements of this Ordinance and the approved plats, or to provide the applicant with a list specifying all defects, deficiencies, and required repairs.
(D) Correction of Defects and Deficiencies
Any such list of defects, deficiencies, and required repairs may be delivered to the applicant in person or by mail, and shall require that the defects and deficiencies stated therein shall be satisfactorily corrected within 60 days of the date the list was mailed. If the applicant fails to correct all defects and deficiencies and to make all required repairs within this 60-day period, then the necessary improvements and repairs may be completed by the Town at the expense of the applicant, using funds from any guarantees provided by the applicant.
(E) Completion of Work
The Town reserves the right to hold building permits or Certificates of Occupancy and withhold subdivision and/or site plan approvals until the improvements have been completed and accepted.
(F) Connection of New Streets to Streets Within Existing Subdivisions
The opening of new street connections to existing streets within adjacent subdivisions shall take place in accordance with Sections 3.9.3, 8.1, and 8.2 of this Ordinance. Under certain conditions, such as the impact on an adjacent existing subdivision, the Director of Engineering or Town Council may delay the connection of the new street up to 75% of the total number of Certificates of Occupancy have been issued within the new development boundary as identified with the associated subdivision/site plan. The decision to delay the connection must consider whether the delay will result in a public safety issue.
(G) Construction Traffic; Use of Alernative Routes
Construction traffic from the development of new subdivisions and/or site plans may be required to use a reasonable alternative route until 75% of the total Certificates of Occupancy have been issued within the new development boundary as identified with the associated subdivision/site plan. If no reasonable alternative route exists, existing public streets may be used (e.g., infill projects, etc.).
Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008
Note: This is not the official version of the Cary Land Development Ordinance