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A. Notice of Failure to Install or Complete Improvements. If the owner or developer fails to complete installation of the guaranteed improvements within the term of the performance guarantee (as may be extended), the appropriate Town official (see Section 6.6.6, Administration of Guarantees) shall give the owner or developer 30 day's written notice of the scope and degree of the default, by certified mail.
B. Town Completion of Improvements. After the 30-day notice period expires, the Town may draw on the guarantee and use the funds to perform the work necessary to complete installation of the guaranteed improvements. After completing such work, the Town shall provide a complete accounting of the expenditures to the owner or developer. In the event of a default triggering the use of the performance guarantee, the Town shall return any of the unused deposited cash funds or other security.
(Ord. 2020-36, passed 12-2-2019)
A. Public Improvements. Upon completion of a public infrastructure project, the developer shall certify to the Town Engineer that the completed project has been constructed in accordance with the approved plans and shall submit actual "as built" plans for all public improvements after final construction is completed.
B. Stormwater Management Facilities. Upon completion of a private stormwater management facility, the developer shall certify to the Stormwater Administrator that the completed project is in accordance with the approved plans and shall submit actual "as built" plans after final construction is completed. The plans shall show the final design specifications for all improvements and the field location, size, depth, and related measures, controls and devices, as installed. The designer shall certify, under seal, that the as-built design, measures, controls, and devices are in compliance with the approved plans and with the requirements of this Ordinance.
C. Inspection Required. A final inspection and approval by the appropriate Town official (see Section 6.6.6, Administration of Guarantees) shall occur before the release of the performance guarantee.
(Ord. 2020-36, passed 12-2-2019)
A. If a proposed subdivision of 40 or more lots includes a school site that is designated in the Land Use Plan (in accordance with Section 160D-804 of the North Carolina General Statutes) or some other long range document adopted by the Board of Commissioners, the Town shall immediately notify the Wake County Board of Educatio
B. If the Board of Education determines the school site does not need to be reserved, it shall not be required as part of the subdivision.
C. If the Board of Education determines the school site needs to be reserved to accommodate a new school, the subdivision shall not be approved without reservation of the school site. If the school site is reserved, the Board of Education must acquire the site within 18 months after the date the site is reserved, or the subdivider may treat the reservation as null and void as authorized by Section 160D-804 of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
Subdivisions of land for 30 or more single-family residential lots shall be required to dedicate a portion of land, or pay a fee-in-lieu thereof, for public parkland, in accordance with the standards of this section.
A. Dedication Amount.
1. Single-family residential subdivisions of 30 or more lots shall dedicate 1,000 square feet of land per residential lot to the Town for its use in developing public parkland.
2. No credit towards required parkland dedication is given for 404 wetlands or other lands mandated for preservation by federal or state requirements.
3. No more than 25 percent of the total dedication requirement may be met through dedication of water areas.
B. Procedure for Dedication or Payment.
1. The developer shall identify land proposed for dedication on the preliminary plat, or propose payment of an in-lieu fee as part of the application for approval of a preliminary plat.
2. The Board of Commissioners shall review the proposed application and determine if it complies with the standards in Section 6.7.2.C, Nature of Area to be Dedicated, or Section 6.3, Fee-in-Lieu, as appropriate. The decision to accept dedication or payment-in-lieu is up to the sole discretion of the Board of Commissioners.
3. Land shall be dedicated prior to recording the first final plat for the subdivision, or the payment-in-lieu shall be paid prior to recording the first final plat for the subdivision for which the payment-in-lieu is paid.
C. Nature of Area to be Dedicated. All lands proposed for dedication as recreation and park areas shall meet the following standards:
1. Unity. The dedicated land shall be a single parcel of land, whether the subdivision is developed in phases or sections, except where it is determined by the BOC that multiple parcels would better serve Town residents.
2. Usability. Public parkland must be flat, well-drained, usable land for a park, as determined by the BOC. In cases where dedication includes an area of water, public access to all portions of a water feature shall be provided and maintained, regardless of water feature's size.
3. Shape. The dedicated land shall be of a shape that supports gathering and recreation activities.
4. Location.
a. The dedicated parkland shall be located so it can reasonably serve the park needs of the residents of the subdivision and immediate area.
b. The BOC may require that the land dedicated be located on the periphery of the development in order to allow enlargement by combining the recreation and park area with adjacent development or park facilities, existing or planned.
5. Access.
a. All dwelling units in the subdivision and residents in the immediate area shall have access to and from the parkland provided by means of streets and public walkways or trails.
b. Rights-of-way for this access shall be shown on the preliminary and final plats.
c. All dedicated lands shall have access by way of a street. Such access can be provided when the dedicated land is adjacent to existing or proposed public parkland with street access.
(Ord. 2020-36, passed 12-2-2019)
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