Unified Development Ordinance

Sec. 8.1.3. Construction Surety

Sec. 8.1.3. Construction Surety aaron.sheppard… Tue, 05/23/2023 - 12:50
  1. If all development-related improvements and installations are not completed and accepted by the City prior to a request to record all or a part of any subdivision or issuance of a building permit for any site plan, whichever first occurs, a security instrument shall be posted, in lieu of completion of the work, in an amount of 125% of the estimated construction cost of the development related improvements which remain incomplete and with surety and conditions satisfactory to the City, providing for and securing to the City the actual construction and installation of improvements. Projects undertaken by the City of Raleigh are exempted from this requirement to provide construction sureties.
  2.  All development-related improvements that are secured by a surety shall be installed prior to the issuance of the first certificate of occupancy within the subdivision phase or prior to the issuance of the first certificate of occupancy for the site plan, whichever event first occurs on the property. Except the final coat of asphalt for street improvements and the  installation of sidewalks, street trees, street lights and permitted street furniture may at the option of the applicant be installed within 36 months following the issuance of the first certificate of occupancy provided surety in the amount of 125% of these improvements are first provided to the City. Where improvements are required on a State-maintained road, a 100% construction surety is required. In this instance, proof of bond or surety with the State must be supplied to the City.
  3. Where the Development Services Director determines that circumstances out of the control of the applicant have prohibited substantial progression of construction, an extension of not more than 2 years on the completion of the final coat of asphalt and installation of sidewalks, street trees, street lights and permitted street furniture may be granted. A surety in the amount of 125% of these improvements shall remain in place during the extension and the warranty period shall not commence until the outstanding items have been installed and inspected.
  4. Where the Development Services Director determines that landscaping in the public right-of-way cannot be installed due to inclement weather conditions, a surety in the amount of 125% of the value of the landscaping shall be provided to the City, in accordance with Sec. 8.5.1.B. The landscaping improvements shall be installed within 30 days of the start of the next October  1 to April 30 planting period.