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(A) Fire Protection
Functional fire protection shall be provided to the site before any combustible materials are placed on the site.
(B) Level Required for Certificates of Occupancy
The Inspections and Permits Department shall issue no permanent Certificate of Occupancy for the development until and unless the developer has installed all improvements, landscaping, and other elements in accordance with the requirements of this Ordinance, the approved site plan, and any minor changes to the approved site plan granted by the Planning Director pursuant to Chapter 3 of this Ordinance. A conditional Certificate of Occupancy may be issued, for a period not to exceed 90 days, where minor deficiencies and defects remain to be cured, provided that:
(1) Such defects or deficiencies do not render the improvements dysfunctional;
(2) The developer 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, landscaping, and/or other features 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 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.
(3) If public infrastructure is included with the improvements, the developer must post the warranty bond [Section 1.24.1(A)] prior to issuance of the Certificate of Occupancy.
(C) Inspection
Prior to approval of any Certificates of Occupancy, the Engineering Department shall inspect all infrastructure improvements for conformance with the requirements of this Ordinance, and the Planning Department shall inspect items associated with the approved site plan, and any minor changes to the approved site plan granted by the Planning Director pursuant to Chapter 3 of this Ordinance. 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 such requirements 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 shall be delivered to the applicant in person or by registered or certified mail, return receipt requested, 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 shall be completed by the Town at the expense of the applicant, using funds from any guarantees provided by the applicant.
(E) Completion of Work and Release of Guarantee
Upon completion of the required improvements, the applicant may apply to the Director of Engineering for a certificate of completion and discharge of any guarantee provided above. If the Director of Engineering finds that the improvements conform to the requirements of this Ordinance, the approved site plan, and any minor changes to the approved site plan granted by the Planning Director pursuant to Chapter 3 of this Ordinance, then the Engineering Department shall issue such certificate and release the guarantee or, where some work covered by the guarantee remains to be completed, that portion of the guarantee covering the work that has been satisfactorily completed.
(F) Completion of Work
The Town reserves the right to hold building permits or Certificates of Occupancy until the improvements have been completed and accepted.
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