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(A) Inspection by Engineering Department
The installation of improvements shall in no case bind the Town to accept any such improvements for public maintenance or operation thereof, until the Engineering Department, in accordance with this section, has inspected and accepted the improvements as meeting all applicable requirements.
(B) Limit on Number of Building Permits and Certificates of Occupancy Prior to Acceptance
(1) The Inspections and Permits Department shall issue no Certificates of Occupancy until the utility improvements are under the one year warranty period for maintenance. The Inspections and Permits Department shall issue building permits and/or Certificates of Occupancy for no more than 50 percent of the lots in a subdivision prior to complete and final acceptance by the Town. The Engineering Department may waive either of these building permit and/or Certificate of Occupancy limits provided that the developer and/or owner posts final guarantee in the amount of one and one-half (1 ½ ) times the amount of the construction of the improvements determined from the price schedule adopted by the Town. In no case shall more than 90 percent of building permits be issued without complete and final acceptance of the improvements or receive a waiver as described below.
(2) The Engineering Department may waive the 90 percent cap on issuing building permits provided that all of the following conditions are met:
(a) The warranty period described in Section 8.1.7(C) is in effect; and
(b) The developer and/or owner posts a financial guarantee in the form of a letter of credit and/or cash in escrow in the amount from the price schedule as determined by the Engineering Department; and
(c) No waiver shall last longer than one year from the date of the acceptance of the improvements for routine maintenance and the beginning of the one-year warranty period. At the end of the one year waiver period, further building permits will not be issued.
(C) Warranty Period Following Acceptance
The developer or subdivider shall notify the Engineering Department at the time that the improvements to be routinely maintained by the Town are ready for the one year warranty inspection. If the Engineering Department determines that the installed improvements meet all applicable Town standards, including those in the Town's Standard Specifications and Details Manual and the developer or subdivider submits a financial guarantee, then a one-year warranty period begins, during which the Town shall provide routine maintenance of the improvements. At the end of the one-year warranty period, the applicant shall request the Engineering Department to conduct a final inspection of the improvements for acceptance by the Town. The Engineering Department shall have 60 days after the date of such request in which to either accept the improvements or provide the applicant with a list of required repairs to the improvements. Upon acceptance of the improvements, including any needed repairs to the improvements that the Engineering Department shall deem necessary during any of its inspections, the Town shall accept full maintenance responsibility for the improvements and shall release the financial guarantee. If the developer or subdivider fails to make such required repairs within six months, then the Town may draw on the financial guarantee in order to perform the required repairs itself.
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