(A) It is the intent of this chapter that the original developer or any subsequent developer shall be responsible for the maintenance of all required improvements until such time as a unit of government, public utility, or other legal entity assumes responsibility for the maintenance of those improvements.
(B) It shall be the responsibility of the developer to complete the installation of sidewalks, street trees, curb and gutter systems, and any and all other required improvements. If the installation of these listed amenities is not complete by the time that the county has issued building permits for 75% of the lots shown on the record plat within a subdivision, the county shall not issue any more building permits until the improvements have been completed. The county shall have the ability to call the improvement guarantee due at this time to ensure installation of all required improvements. Development of a subdivision in phases shall be considered on a phase by phase basis. No building permit shall be issued for single lot development prior to installation of improvements. In the event that the developer of record has dissolved, filed for bankruptcy, or executed any other action that would disbar the developer from continuing such a project, as determined by the Planning Department, the following shall apply: subsequent individual(s) that own, or have an interest in lots that are not allowed to obtain permits, may be allowed to make the necessary improvements on a per street basis, if determined to be acceptable by NCDOT. Only streets that are contiguous with existing NCDOT maintenance are eligible for this exception.
(C) Contained on the record plat shall be a certification assigned by the developer and notarized acknowledging that the developer is responsible for the maintenance of all required improvements until such responsibility is assumed by a unit of government, public utility, or other legal entity.
(D) It shall be the responsibility of the developer to formally notify the District Engineer from NCDOT and initiate the process of transferring the responsibility of street maintenance. If the District Engineer or his or her designee has not recommended that NCDOT accept maintenance responsibility for the required public street improvements by the time that the county has issued building permits for 75% of the lots shown on the record plat, the county shall not issue any more building permits until the District Engineer makes such a recommendation and formally notifies the Administrator.
(E) If all streets within the subdivision have not been accepted by NCDOT or the appropriate amenities have not been correctly installed by the time at which building permits have been issued for 75% of the lots, the developer may post a surety performance bond, provide cash, or an equivalent security. Should this alternative be used, the method of payment chosen shall be equal to one and one-quarter times the cost of installing all remaining required improvements according to the standards required by NCDOT (for roadway improvements) or a certified engineer (for amenity improvements). Estimates of costs shall be provided by the developer and verified by the county in accordance with this section.
(F) Within 30 days after the Administrator receives formal notice of acceptance of the streets by NCDOT, the county shall release any unused portion of the securities posted through this procedure.
(G) For purposes of this chapter, maintenance shall mean that all required improvements are kept in a good state of repair and that such improvements are able to be used for their intended purpose without any impediments. In the case of streets, the developer shall not install or allow to be installed any items within the right-of-way which will have to be removed prior to the acceptance of the streets by NCDOT. Such items include, but are not limited to, fences, masonry mailbox supports, shrubbery, and driveway markers.
(Ord. passed 10-17-2011; Res. passed 5-18-2015)