§ 152.055 AUTHORIZING USE, OCCUPANCY, OR SALE BEFORE COMPLETION OF DEVELOPMENT UNDER SPECIAL USE PERMITS OR CONDITIONAL USE PERMITS.

   (A)   In cases when, because of weather conditions or other factors beyond the control of the special use or conditional use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this chapter before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the permit-issuing board (BOA or BOC) may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the permit-issuing board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months).

   (B)   When the permit-issuing board (BOA or BOC) imposes additional requirements upon the permit recipient in accordance with § 152.054 or when the developer proposes in the plans submitted to install amenities beyond those required by this chapter, the permit-issuing board may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if the permit-issuing board specifies a date by which or a schedule according to which such requirements must be met or each amenity installed, and if the permit-issuing board concludes that compliance will be ensured as the result of any one or more of the following:

      (1)   A performance bond or other security to the permit-issuing board is furnished;

      (2)   A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient’s compliance will be reviewed when application for renewal is made; and/or

      (3)   The nature of the requirements or amenities is such that sufficient assurance of compliance is given by §§ 152.158 and 152.999.

   (C)   With respect to subdivisions in which the developer is selling only undeveloped lots, the Board of Commissioners may authorize final plat approval and the sale of lots before all the requirements of this chapter are fulfilled if the subdivider provides a performance bond or other security (satisfactory to the Board of Commissioners) to ensure that all of the requirements will be fulfilled within not more than 12 months after final plat approval.

   (D)   Nothing in this section shall prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under §§ 152.095 through 152.102 or recorded with the Register of Deeds.

(Ord. passed 12-20-2001) Penalty, see § 152.999

Statutory reference:

   Penalties for transferring lots in unapproved subdivisions, see G.S. § 160D-807