§ 32-1058. Performance guarantees.

(a)

Guarantees of required subdivision improvements. If required subdivision improvements have not been completed prior to the submission of the major final plat, the subdivider shall guarantee the completion of the required improvements in a subdivision by means of a performance bond, irrevocable letter of credit, cash deposit, or other surety satisfactory to the county manager in an amount equal to 125 percent of the estimated cost of the required improvements (the "performance guarantee"). Roads that are to be dedicated to the public will not be considered completed until a "built to standards" letter has been received from NCDOT for such roads. In reviewing the proposed performance guarantee, the county manager shall solicit recommendations from the planning director and the county attorney. Improvements shall be made and utilities installed within the time indicated in the performance guarantee.

No performance guarantee shall be required with respect to a required utility extension or installation if the subdivider proves that it has paid the utility provider the amount of money needed to install the applicable utility infrastructure, or the utility provider states in writing that utilities will be installed at no cost to the subdivider or the county in a timely manner following the issuance of a building permit for the subdivision. This arrangement shall be noted in a conspicuous location on the final plat prior to approval and recordation.

(b)

Completion of required improvements; default by subdivider.

(1)

When the required improvements have been completed, the subdivider shall notify the land development administrator. The land development administrator may request comments relative to those improvements from NCDOT or private registered civil engineer, the NCDENR, Land Quality Section, and Granville Vance District Health Department, Environmental Health Section. When the land development administrator has received reports that the improvements have been installed in accordance with this chapter and to the satisfaction of any agencies or entities having jurisdiction, the land development administrator shall make a request in writing to the county manager to release the performance guarantee.

(2)

Should a developer fail to properly install required improvements within the term of the performance guarantee, the performance guarantee will be deemed in default. In the case of default, the county is authorized to use the guarantee funds to complete the required subdivision improvements or to let a contract for installation of the required improvements.

(c)

Approval of final plat not to constitute acceptance by county, etc. The approval of a final plat pursuant to regulations adopted in this division shall not be deemed to constitute or affect the acceptance by the county, any governmental unit or public body of the dedication of any street or other ground, public utility line, or other public facility shown on the plat.

( Amend. of 05-04-2015(1) , § 5; Amend. of 2-1-2016(1) , § 2)

Editor's note

Amend. of May 4, 2015(1) , § 5, amended § 32-1058 in its entirety to read as set out herein. Former § 32-1058 pertained to bonding requirements and derived from Ord. adopted July 12, 1999, § 21.130.