(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 Final Plat Approval or Issuance of Certificate of Occupancy if No Plat is Required
The final plat (or first certificate of occupancy if no plat is required) shall not be approved until and unless either of the following has occurred:
(1) The developer or subdivider has installed all improvements intended to be dedicated to and maintained by the Town or another government entity ("Publicly-maintained improvements") in accordance with the requirements of this section and the approved development plan, as evidenced by issuance of a certificate of completion; 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 Publicly-maintained improvements, and has provided the Town with a performance guarantee as defined by G.S. 160D-804.1 as now or hereafter amended in an amount equal to one and one-quarter (1 1/4) times the estimated cost of completion of the remaining Publicly-maintained improvements, as determined by the Town, with sureties guaranteeing the completion of the improvements.
(C) Level Required for Certificates of Occupancy
(1) The Inspections and Permits Department shall issue no Certificates of Occupancy for development until the Town certifies that the developer or subdivider has installed all Publicly-maintained improvements in accordance with the requirements of this Section and the approved development plan, as evidenced by a certificate of completion. Certificates of Occupancy may be issued even though minor deficiencies and defects remain to be cured, provided that:
(a) Such defects or deficiencies do not render the Publicly-maintained improvements dysfunctional;
(b) The improvements that have been installed provide the full level of fire protection proposed for the development and the Publicly-maintained improvements are under the one (1)-year corrections period for maintenance; and
(c) The developer or subdivider has provided the Town with a performance guarantee as defined by G.S. 160D-804.1 as now or hereafter amended in an amount equal to one and one-quarter (1 1/4) times the estimated cost of completion of the required improvements, as determined by the Town, with sureties guaranteeing the completion of the required Publicly-maintained improvements.
(2) The Inspections and Permits Department shall issue building permits and/or Certificates of Occupancy for no more than seventy-five (75) percent of the lots within the new development boundary as identified with the associated development plan prior to (i) the issuance of a certificate of completion for Publicly-maintained improvements or (ii) completion of all other required improvements. The Town may waive either of these building permit and/or Certificate of Occupancy limits if this threshold is met during the initial corrections period for Publicly-maintained improvements.
(D) Connection of New Streets to Streets within Existing Developments
The opening of new street connections to existing streets within adjacent developments shall take place in accordance with Section 3.9.3 and this section of this Ordinance. Under certain conditions, such as the impact on an adjacent existing subdivision, the approval authority may delay the connection of the new street until up to seventy-five (75) percent of the total number of Certificates of Occupancy have been issued within the new development boundary as identified with the associated development plan. The decision to delay the connection must consider whether the delay will result in a public safety issue.
(E) Construction Traffic; Use of Alternative Routes
Construction traffic from the new development may be required to use a reasonable alternative route until seventy-five (75) percent of the total Certificates of Occupancy have been issued within the new development boundary as identified with the associated development plan. If no reasonable alternative route exists, existing public streets may be used (e.g., infill projects, etc.).
(F) Completion of Improvements
For purposes of this Section 8.1.7, "completion of the remaining (or required) improvements" means that the improvements have been fully installed and are functional, the one (1)-year corrections period has ended, and any additional work required during the corrections period has been completed to the satisfaction of the Town, as evidenced by a certificate of completion.