​This document is intended to explain Wake County's Regulations for ensuring that a subdivision's improvements are completed on time and maintained. The system involves withholding building permits if improvements are not completed within a stated amount of time or by the time that half of the building permits have been issued. The regulations also place an additional condition on the subdivider to have any publicly dedicated streets in the subdivision accepted by the North Carolina Department of Transportation (NCDOT) for maintenance. It is highly recommended that the subdivider study this document, since the system for withholding building permits can have a significant impact on the subdivider as well as on the plans of the home builder and lot buyer.

This document is also intended to show the subdivider how to proceed to have a subdivision's publicly dedicated roads accepted by NCDOT for maintenance or how to complete a series of steps that ends in executing a Subdivision Improvement Maintenance Agreement and the posting of a financial guarantee. Please note that the maintenance agreement and financial guarantee apply only where there are publicly dedicated streets in the subdivision.

For more information about subdivision regulation, contact:

Wake County Current Planning
336 Fayetteville St., PO Box 550
Raleigh, NC 27602-0550
FAX: 919-856-5824


Contents
1. Introduction to Section 3-3-11 of the Subdivision Regulations Improvements
2. Minor Subdivision Example
3. Regular Subdivision Example
4. Withholding Building Permits in Subdivisions
5. Certification of Completion
6. Procedures for Posting a Financial Guarantee for Publicly Dedicated Streets and Completion of the Subdivision Improvements Maintenance Agreement
7. The Irrevocable Letter of Credit Option
8. The Cash Deposit Option

Appendices

Appendix 1

Appendix 2

Appendix 3: Example of a Letter of Credit

Appendix 4: NCDOT District Engineer's Road Completion Letter

Appendix 5: Example of NCDOT SR-1 Road Petition Form

Appendix 6: Example of NCDOT District Engineer's "Punch List" Letter

Appendix 7: Section 3-3-11 of the Wake County Subdivision Regulations

Appendix 8: Example of NCDOT District Engineer's "Acceptance" Letter


Introduction to Section 3-3-11 of the Subdivision Regulations Improvements

In Wake County's planning jurisdiction, the number of building permits that may be issued in new subdivisions is restricted as a means of ensuring that improvements within the subdivision are completed by the subdivider in a timely manner and maintained by the subdivider until accepted for maintenance by the North Carolina Department of Transportation, a licensed utility company, or by lot owners or a home owner's association. The system involves the withholding of building permits and affects not only the subdivider, but may impact the plans of lot buyers and builders as well.

In the case of a subdivision where not all improvements are complete, the county will withhold additional building permits when fifty percent (50%) of the lots recorded in the subdivision, or phase within the subdivisions, have been issued building permits. In order to exceed the fifty percent limitation, all improvements must be certified as complete. Further, if the subdivider has not completed the improvements prior to the completion date indicated on the record plat for each improvement, the County may withhold building permits even though the fifty percent (50%) limit has not been reached. Once all required improvements have been certified as complete, building permits may be issued for one hundred percent of the lots, except for subdivisions with roads that are dedicated as public and to be maintained by the North Carolina Department of Transportation (NCDOT). These public road subdivisions have the added condition that not more than seventy-five percent (75%) of the lots may obtain building permits until either NCDOT accepts the streets for maintenance or the subdivider completes the Subdivision Improvements Maintenance Agreement and furnishes the County with a letter of credit or cash deposit sufficient to guarantee maintenance of the roads and other required improvements until the roads are accepted. Once all the public streets are accepted for maintenance or the maintenance agreement is signed and the financial guarantee is posted, then the remaining lots in the subdivision may obtain building permits.

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Minor Subdivision Example:

A three-lot minor Subdivision fronting on a private road.

As a condition of record plat approval, the subdivider is required to construct a road and build it to Wake County private road standards. The plat contains a disclosure statement indicating the name, address and telephone number of the person responsible for construction of the road and the deed book and page of the recorded private road maintenance agreement. The disclosure statement indicates that the road will be constructed by a specific date. Further, it states that no more than 50% of the lots may obtain building permits until the road is certified as built to private road standards.

In this example, the owners of lots in this three-lot subdivision may obtain just one building permit until the road is certified as complete, since a second building permit would exceed the 50% limitation. Also, if the road is not built prior to the proposed completion date and the single building permit has not already been issued by that date, then no building permit may be issued until the road is complete. Once complete and certified by a Wake County Subdivision/Zoning Inspector, then all three building permits may be issued at any point provided the lot and proposed building meets all other zoning and health department requirements.

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Regular Subdivision Example

A 40-lot subdivision with community sewer and/or water, and public streets.
The record plat will contain the same disclosure statement format as discussed in Example 1. The subdivider's engineer must certify both that the community water and/or sewer systems have been installed according to the approved plans and that the public streets have been constructed to NCDOT standards prior to the issuance of building permits for more than fifty percent of the recorded lots (20 permits). The NCDOT District Engineer's Road Completion Letter (Appendix 4) may be used in place of the road certification by the subdivider's engineer. Also, the certificates of occupancy for the homes under construction will be withheld until the community water and/or sewer systems are certified as complete. Once these items are certified as complete and the certifications are accepted by the County, then a total of 30 building permits, not to exceed 75%, may be issued. The final 10 permits (25%) will be available when NCDOT District Engineer recommends acceptance of the streets or the County accepts a financial guarantee from the subdivider to cover the cost of maintenance of the public streets and related improvements. (see Appendix 8)

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Withholding Building Permits in Subdivisions

The Wake County Subdivision Ordinance allows a subdivision to be approved and recorded without required road and utility improvements being completed only with a signed and notarized disclosure statement on the face of the record plat (section 3-3-11-D). Up to 50% of the lots in that phase of a subdivision can be issued building permits. Certifications from an authorized professional are required before issuance of additional building permits beyond 50% of the lots in that phase. If the dedication of a new public road is involved, no more than 75% of the lots in that phase will be issued building permits. To receive building permits for more than 75% of the lots in that phase, roads will have to be accepted for maintenance by NCDOT, or the developer will need to establish a "Letter of Credit" to guarantee required road improvements will be maintained until NCDOT accepts the roads. Subdivision staff has a packet available explaining the process (see Subdivision Improvements). This process as well as other subdivision information is available on the Wake County home page. The developer should advise any company, builder, or person that is sold a lot of this procedure and explain his/her responsibilities as the developer.

In summary: Applicants for building permits will be refused building permits once the 50% and 75% levels are reached. Developers are responsible for completing the improvements and having the roads accepted by NCDOT or issue a "Letter of Credit." The developer should be familiar with the process and take appropriate steps as not to inconvenience lot owners. If you are applying for a building permit and your application is denied for the above reasons, please contact the developer as referenced on the recorded plat that created your lot. Ask the developer to contact a Subdivision Planner with Wake County. The phone number for Wake County Subdivision Administration is 919-856-6216. As soon as the developer is in compliance with the Subdivision Regulations applications for building permits may be resumed.


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Certificate of Completion

Improvements such as public and private roads, community water and sewer systems and erosion and sedimentation control devices may be certified on the Wake County Improvement Completion Certification Form. (See Appendix 1) Community water and community sewer systems must be certified by the subdivider's registered professional engineer (P.E.). Completion of public roads may be certified by a P.E. Completion of public roads may also be acknowledged by the NCDOT District Engineer. (Appendix 4) In all cases, core sample data for public road will be required. Subdividers who construct public roads are urged to work closely with the NCDOT District Engineer, telephone 919-733-2814.

Private roads may be certified as complete by a Wake County Subdivision/ Zoning Inspector.

All certifications of completion must be accepted by Wake County and the County reserves the right not to accept a certification.

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Procedures for Posting a Financial Guarantee for Publicly Dedicated Streets and Completion of the Subdivision Improvements Maintenance Agreement

The Wake County Subdivision Regulations allow the posting of a financial guarantee pending the addition of publicly dedicated roads to the State-maintained road system.

There are several steps which need to be completed culminating in the signing of a Subdivision Improvements Maintenance Agreement (Appendix 2) and furnishing the County with a financial guarantee. (Appendix 3)

Step 1: The subdivider or the subdivider's engineer contacts the Wake County Sediment and Erosion Control Section to determine what work remains to be accomplished in order to obtain an erosion control certificate of completion. Based on a field inspection, the subdivider's engineer will provide Wake County Sediment and Erosion Control Section with a detailed estimate of the cost to complete the remaining work. The County Sediment and Erosion Control Section may agree with the estimate or ask that it be revised prior to its acceptance. The accepted cost estimate is used to determine, in part, the amount of the financial guarantee as described in Step 5, below.

Step 2: The subdivider must furnish to the County the NCDOT District Engineer's letter advising the subdivider that the streets within the subject subdivision as recorded in Book of Maps______,Page_____ have been constructed to meet the minimum construction standards of the Division of Highways. Also, that the streets will be added to the State Maintained System when a sufficient number of homes are constructed thereon, and the roadway is found to be in an acceptable state of maintenance when petitioned for acceptance. (Appendix 4)

Step 3: The subdivider must provide the County with a copy of the NCDOT Form SR-1 petitioning the roads within the subdivision for acceptance by NCDOT. This form is available from the NCDOT District Engineer. (Appendix 5)

Step 4: The subdivider must provide the County with a copy of the NCDOT District Engineer's "punch list" detailing additional work that must be accomplished prior to acceptance of the roads. (Appendix 6)

Step 5: With the completion of the first four steps, a Wake County Subdivision/Zoning Enforcement Official will determine the amount of the financial guarantee. The amount is the greater of the total for Item A, Item B, below and the amount from Step 1, or $15,000.

Item A: Ten percent of the cost of finish grading of the roads. The standard cost used for finish grading is $1 per lineal foot. Therefore, if the road is 2,000 feet long, Item a will equal 10% of 2,000 feet times $1 per foot, or $200.

Item B: Ten percent of the cost of gravel and pavement. Even though the road has been constructed, both Item A and Item B are required by the Ordinance because of the possibility of pavement failures prior to the roads being accepted. The standard cost used is $9 per square yard. Using the 2,000-foot road as an example, the number of yards is 2,000 feet in length times 20 feet in width divided by 9, or 4444.4 yards. Item B will equal 10% of 4444.4 yards times $9 per yard, or $4,000.

Step 6: The subdivider must pay a processing, inspection, and monitoring fee of $250 payable to "Wake County CS-IDPP." (NOTE: Should the maintenance agreement and financial guarantee need to be renewed at the end of a year, no additional fee for renewal will be charged.) Fees are not refundable.

Step 7: Completion of the Subdivision Improvements Maintenance Agreement
As with any legal binding agreement, the Maintenance Agreement (Appendix 2) should be read over carefully before it is signed and notarized by the subdivider. Changes to the typewritten text of the agreement are not permitted. The following items must be completed:
1. Paragraph 2 – enter the full legal name(s) of the developer or subdivider.
2. Paragraph 4 – enter the name of the subdivision and phase(s) if any. Also, supply the Map Book and Page for each record plat covered by this agreement.
3. Paragraph 8 – enter the amount of the financial guarantee as per Step 5.
4. Paragraph 24 – enter the name, address and telephone number of the developer or subdivider.
5. After Paragraph 27 – enter the date that the subdivider executes (signs) the agreement. Also, complete the right hand column of lines and have the signature(s) notarized. If a corporation, an officer of the company must sign the agreement.

Step 8: Furnish the County with a letter of credit or cash to be deposited with Wake County in the amount as determined in Steps 1 and 5.

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The Irrevocable Letter of Credit Option

The letter of credit must be obtained from a bank doing business in Wake County. For a copy of a letter of credit in an acceptable form, see Appendix 3. Note the wording of the paragraph in the center of the document. The wording must be the same as the example with exception of the name of the subdivider and the date of execution. The date of execution is the date that the Maintenance Agreement is signed by the subdivider. Also, the expiration date on the letter of credit is to be at least one year from the date of execution. The letter of credit must be renewable for additional one-year terms, for so long as a maintenance agreement is necessary.

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The Cash Deposit Option

The subdivider may furnish the County with a certified check in the amount of the required financial guarantee. The check will be cashed and the funds will be deposited into a non-interest bearing Wake County account established for each maintenance agreement.

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Appendix 1

WAKE COUNTY SUBDIVISION IMPROVEMENT COMPLETION CERTIFICATION FORM

The construction of____________________________________ (Type of Improvement)

in_____________________________________________________________________ (Name of Subdivision and Phase(s))as recorded in

__________________________________________________________________
(Book of Maps and Page Number(s))

is hereby certified as complete in accordance with

______the approved construction plan.
______Wake County private road standards.
______attached as-built plans.

Certified by ___________________________ SEAL OF NOTARY
Date _______________________

Company's Name ___________________________
Address __________________________________

Telephone Number __________________________

Certification of community water and community sewer systems must be certified by a North Carolina Registered Professional Engineer. Type A Private roads must be certified by a N.C. Registered Professional Engineer. Type B or older design private roads may be certified by a N.C. Registered Professional Engineer, a N.C. Registered Land Surveyor, a N.C. Registered Landscape Architect, or a N.C. Licensed Professional Architect

Public roads, prior to January 2005 may be certified by a N.C. Registered Landscape Architect, N.C. Licensed Professional Architect, or N.C. Registered Land Surveyor provided the plans were drawn by the certifier and asphalt type and thickness, subbase characteristics, storm drainage, and compaction characteristics are certified by a N.C. Registered Professional Engineer as having met or exceeded NCDOT minimum road standards. Public roads that are associated with plans submitted for preliminary plan approval after January of 2005 must have a built to standards letter from NCDOT.

Certification accepted by ____________________________________________
Date ________________________ File _______________________________

Return this form and other documentation to: Wake County Inspections/Development Plans / Permits Division, Wake County Office Building, Post Office Box 550, Raleigh, North Carolina 27602.


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Appendix 2


SUBDIVISION IMPROVEMENTS MAINTENANCE AGREEMENT


1. Purpose: This Subdivision Improvements Maintenance Agreement ("Agreement") is intended to allow developers of subdivisions to provide a financial security instead of observing normally applicable building permit limits as a means of guaranteeing their promise to maintain certain constructed public improvements pending acceptance by the appropriate entity, as authorized by Section 3-3-11 of the Wake County Subdivision Ordinance. This agreement is not executed for the benefit of persons providing services or material to the subdivision, or for the benefit of persons buying lots or homes in the subdivision, or other possible third party beneficiaries.

2. Parties: This Agreement is between the County of Wake, North Carolina (the "County") and_________________________________________________________ (the "Developer").

3. Term: The term of this Agreement is three years from the date of execution signified below; provided that this Agreement shall continue to be renewed for successive one year periods until either the provisions of paragraph 5 are fulfilled or unless sooner terminated by mutual consent.

4. Subdivision: This Agreement applies to property the Developer is developing as ____________________________ Phase(s) _____________(the "subdivision")
recorded in Book(s) of Maps and Page(s) ____________________________________.

5. Improvements: The Developer will maintain, at his own expense, those public road, drainage, and erosion and sedimentation control improvements required for the Subdivision ("Improvements") until all public road improvements for the Subdivision are added to the State maintained road system. This obligation to maintain requires the developer to correct any deterioration of, or defect in, the Improvements that arises and to remove all temporary erosion and sedimentation control measures. Further, the Developer shall comply with additional improvement measures, should the occasion arise, as specified by the Wake County Subdivision/Zoning Enforcement Official, or his designee.

6. Standards: The Developer will maintain the public road Improvements up to the standards required by the North Carolina Department of Transportation ("NCDOT"). The Developer will maintain the drainage and erosion and sedimentation control improvements required by NCDOT and the Wake County Department of Environmental Services in accord with the County 's Subdivision, Erosion and Sedimentation Control Ordinances.

7. Administrative Fee: The Developer will pay the County an administrative fee in the amount of $400 to cover the County's cost in administering the provisions of this Agreement.

8. Security: To secure the performance of his obligations under this Agreement, the Developer will provide the County either [ ] an irrevocable letter of credit or [ ] a cash deposit in the amount of $ ______________.

a. Letter of Credit: If the Developer provides a letter of credit, it must be valid for at least one year after execution of this Agreement and be payable to the County at any time upon presentation of (a) a sight draft drawn on the issuing Bank, (b) an affidavit executed by an authorized County Official stating that the Developer is in default under this Agreement, and (c) the original letter of credit. The letter of credit will be issued by a financial institution approved by the County and located within Wake County, North Carolina, and must be irrevocable. An authorized county official for purpose of this subsection shall include the County Manager, the Subdivision/Zoning Enforcement Officials, or their designees. The Developer shall renew the letter of credit for successive one year terms until this Agreement is of no further effect.

b. Cash Deposit: Cash will be deposited in a separate Wake County non-interest bearing account.

9. No Building Permit Limit: The County will not prohibit issuance of building permits for development on more than 75% of the lots shown on the record plat for the Subdivision as long as the Developer is not in default under this Agreement, and in compliance with Section 3-3-11 (E) of the Wake County Subdivision Ordinance.

10. Release of Security: The County will release the security when the Developer gives the Subdivision Administrator(s) a copy of a letter from NCDOT. This letter must certify that the public road improvements meet the criteria for submission to the Board of Transportation for addition to the State-maintained road system. (see Appendix 8)

11. Events of Default: The following conditions, occurrences, omissions or actions will constitute a default by the Developer:

a. Developer's failure to, at least 15 days before this Agreement expires, either (1) provide the County certification that the Subdivision's public road Improvements have been added to the State-maintained road system or (2) renew this Agreement under Section 13;

b. Developer's insolvency, the appointment of a receiver for the Developer, or the filing of a voluntary or involuntary petition in bankruptcy respecting the Developer; or

c. Foreclosure of any lien against the Subdivision property or a portion of the property, or assignment or conveyance of the Subdivision property in lieu of foreclosure.

12. Notice of Default: At least 60 days before this Agreement expires, the County may give the Developer written notice of the Agreement's upcoming expiration and of the County's intent to declare a default under Section 11a unless the public road Improvements are accepted or the Agreement renewed. The County need not provide any further notice before declaring a default under Section 11a. Within 10 days after any appointment of a receiver for the Developer, filing of a bankruptcy petition respecting the Developer, foreclosure against the Subdivision property, or conveyance of the Subdivision property in lieu of foreclosure, the Developer will give the County written notice of such event.

13. Renewal of Agreement: The Developer shall renew this Agreement, and extend the security, for additional one-year terms if any of the following actions occur:

a. Inspections: The Developer arranges for the NCDOT District Engineer and the Subdivision/Zoning Enforcement Official (or designee) to give the Developer timely notice of any deterioration or defects discovered by the County's inspection; and

b. Correction Estimate: The Developer provides the Subdivision/Zoning Enforcement Official (or designee) an acceptable estimate, certified by a professional engineer, of the costs necessary to correct any deterioration or defect discovered by the inspections; and

c. Additional Security: The Developer increases the amount of the security by the amount of the correction estimate approved by the Subdivision/Zoning Enforcement Official; or

d. The terms of paragraph 5 have not been fulfilled.

14. County's Rights Upon Default: When any event of default occurs, the County may draw on the letter of credit or cash deposit to the extent of its face value. The County will have the right to use the drawn funds to correct, or arrange for the correction of, any deterioration of, or defect in, the Improvements and to maintain them until all public road Improvements are added to the State-maintained road system. The County will have the right to correct and maintain the Improvements itself, or to contract with a third party to do so. The Developer grants the County, its successors, assigns, agents, contractors, and employees, a nonexclusive right to enter the Subdivision property for the purposes of correcting and maintaining the Improvements. Alternatively, the County may assign the drawn funds to a subsequent developer (or lender) who has acquired the Subdivision by purchase, foreclosure, or otherwise. The subsequent owner (or lender) will have the same rights to correct and maintain the Improvements as the County if and only if the subsequent owner (or lender) agrees in writing to correct and maintain the Improvements until the public road Improvements are added to the State-maintained road system. When any event of default occurs, the County may reinstate the prohibition on issuance of building permits authorized by Section 3-3-11(E) of the County's Subdivision Ordinance.

15. Indemnification: The Developer expressly agrees to indemnify and hold the County harmless from and against any claims, cost, and liability for injury or damage received or sustained by any person or entity in connection with work performed under this Agreement. The Developer further agrees to aid and defend the County if the County is named as a defendant in an action concerning work performed under this Agreement except where the action is brought by the Developer. The Developer is not an agent or employee of the County.

16. No Waiver: No waiver of any provision of this Agreement will constitute a waiver of any other provision, nor will it constitute a continuing waiver, unless expressly provided for by a written amendment to this Agreement. Nor will any waiver of any default under this Agreement constitute a waiver of any subsequent default of defaults of the same type. The County's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Developer. The County's exercise of any right under this Agreement will not relieve the Developer from any obligation to maintain the Improvements under the County's Subdivision Ordinance and Erosion and Sedimentation Control Ordinance, and will not constitute a waiver of the County's right to exercise any enforcement action under those ordinances.

17. Amendment or Modification: The parties to this Agreement may amend or modify this Agreement only by written instrument executed on behalf of the County by the County Attorney (or his designee) and by the Developer (or the Developer's authorized officer). An amendment or modification must be properly notarized before it is effective.

18. Attorney's Fees: Should either party be required to resort to litigation, arbitration, or mediation to enforce the terms of this Agreement, the prevailing party, whether plaintiff or defendant, will be entitled to costs – including reasonable attorney's fees and expert witness fees – from the opposing party. If the court, arbitrator, or mediator awards relief to both parties, each will bear its own costs in their entirety.

19. Third Party Rights: No person or entity not a party to this Agreement will have any right of action under this Agreement.

20. Scope: This Agreement constitutes the entire agreement between the parties, and no statement, promise, or inducement not contained in this Agreement will be binding on the parties.

21. Time: For the purpose of computing time periods under this Agreement, times in which war or civil or natural disasters occur will not be included if such occurrences reasonably prevent the Developer or County from performing this Agreement.

22. Severability: If the courts hold any part of this Agreement to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, and the rights of the parties will be construed as if the part was never a part of the Agreement.

23. Notice: Any notice required by this Agreement will be considered effective when personally delivered in writing, or 3 days after being deposited with the U.S. Postal Service, postage prepaid, and addressed as follows:

if to the Developer: _____________________________
____________________________________________
____________________________________________ _______________
(name address and phone number)

if to the County: Wake County Community Services
IDPP – Subdivision/Zoning Officers
Wake County Office Building
P.O. Box 550
Raleigh, NC 27602

24. Immunity: Nothing contained in this Agreement constitutes a waiver of the County's sovereign immunity under any applicable state law.

25. Personal Jurisdiction and Venue: Personal jurisdiction and venue for any civil action begun by either party to this Agreement, whether arising out of or relating to the Agreement or the security, will be considered proper only if initiated in the General Court of Justice in Wake County.

Dated this _____ day of _______________, 20____.

[For one or more individuals]

By:
________________________________ Signature(s)
________________________________
________________________________
Name(s) of Developer (s)

North Carolina ________________ County

I, ______________________________, a Notary Public for said County and State, do hereby certify that ______________________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal, this the ________ day of _______________, 20____.

_______________________________ Notary Public (Official Seal)

My commission expires ____________________, 20_____.

Date: , 20 .

[For a Corporation]

by:_______________________________ (signature)____________________[Title]

North Carolina ________________ County

I, _________________________________, a Notary Public for said County and State, do hereby certify that ____________________________, personally appeared before me this day and stated that he is _______________________ of ____________________________ and acknowledged, on behalf of ___________________________________, the due execution of the foregoing instrument.

Witness my hand and official seal, this __________ day of ____________________, 20____. (Official Seal)

__________________________________
Notary Public

My commission expires _______________, 20____.

By: ____________________________________
Wake County Manager


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Appendix 3: Example of a Letter of Credit


NAME OF BANK DOING BUSINESS IN WAKE COUNTY
_______________________________, NORTH CAROLINA

IRREVOCABLE LETTER OF CREDIT
LETTER OF CREDIT NO ________________________________

DATE____________________________________________________

 

 

IRREVOCABLE LETTER OF CREDIT
LETTER OF CREDIT NO ________________________________
DATE____________________________________________________
ADVISING BANK
APPLICANT
NAME AND ADDRESS OF SUBDIVIDER
County of Wake
PO Box 550
Raleigh, NC 27602
AMOUNT
SEE PAGES 3-5 FOR DETAILS ON AMOUNT
 
EXPIRY ACTION DATE
GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE CREDIT IN YOUR FAVOR
AVAILABLE BY
YOUR DRAFT(S)
DRAWN ON: sight
DRAFT(S) MUST BE MARKED: "DRAWN UNDER BRACH BANKING AND TRUST COMPANY CREDIT NO.____________"
WHICH MUST BE ACCOMPANIED BY THIS LETTER AND THE FOLLOWING DOCUMENTATION:
Affidavit executed by the county manager of the County of Wake stating
that NAME(S) OF SUBDIVIDER is in default under the Subdivision
Improvements Maintenance Agreement executed on DATE OF AGREEMENT
SPECIAL INSTRUCTIONS
Forward Document To:
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION)INTERNATION CHAMBER OF COMMERCE PUBLICATION NO. 400
WE HEREBY ENGAGE WITH DRAWERS AND OR BONA FIDE HOLDERS THAT DRAFTS DRAWN AND NEGOTIATED IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION AND THAT DRAFTS ACCEPTED WITHIN THE TERMS OF THIS CREDIT WILL BE DULY HONORED AT MATURITY.
VERY TRULY YOURS
BRANCH BANKING AND TRUST COMPANY

_______________________________________
AUTHORIZED SIGNATURE
NON-NEGOTIABLE



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Appendix 4

NCDOT District Engineer's Road Completion Letter

N.C. SEAL

State of North Carolina
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS

4009 District Drive
Raleigh, North Carolina 27607
October 27, 1995

 

COUNTY: Wake

SUBJECT: Whippoorwill Valley – Phase III

Ira D. Lee and Associates
Post Office Box 764
Wake Forest, North Carolina 27588

Dear Mr. Lee:

This is to advise that Song Sparrow Drive, Chimney Swift Drive, and Redstart Court in
the subject subdivision as recorded in Map Book 1995, Pages 752 and 753 of the Wake
County Registry, have been constructed to meet the minimum construction standards of
the Division of Highways.

These streets will be added to the State Maintained System when a sufficient number of
homes are constructed thereon, and the roadway found to be in an acceptable state of
maintenance when petitioned for addition.


Sincerely,

T.L. Johnson
District Engineer

 

TLJ/CWM/arc
cc: Mr. Jack Murdock, Assistant Secretary for Secondary Roads and Economic
Development
Mr. D.A. Allsbrook, Jr., P.E., Division Engineer
Mr. Mickey Frederick, Permits Coordinator, Wake County


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Appendix 5

Example of NCDOT SR-1 Road Petition Form

NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS PETITION


North Carolina
County of _________________

Petition request for (check one) Addition to State System ( )
Paving ( )
Maintenance Improvement ( )

We the undersigned, being property owners on Name or SR Number _______________________________ in ________________ County do hereby request the Division of Highways of the Department of Transportation to ____________________ the above-described road.

We further advise that the road request to _________________ is _________ miles
in length and at the present time there are _______________________ occupied homes located on the road and having entrances into the road.

Finally, we agree to dedicate to the Division of Highways a right-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways.


REMARKS


Four copies of recorded subdivision plat enclosed if applicable

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________


PROPERTY OWNERS


Please list your Name, Mailing Address and Telephone. The Division of Highways should contact the first petitioner
listed below:

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

Revised Form SR-1 (5-83) All previous forms obsolete

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Appendix 6

Example of NCDOT District Engineer's "Punch List" Letter

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS

4009 District Drive
Raleigh, North Carolina 27607
November 13, 1995

 

COUNTY: Wake

SUBJECT: Robinfield Estates

Mr. & Mrs. Billy and Bonnie Gerringer
1005 Robinfield Drive
Raleigh, North Carolina 27603

Dear Mr. And Mrs. Gerringer:

In response to your request for addition, an investigation has been conducted on
Robinfield Drive and Woodthrust Court located in the subject subdivision. While we
found these streets to serve a sufficient number of homes for addition, we did not find
them to be in an acceptable state of maintenance. Please find listed below for your
convenience the discrepancies found:

1. All trees and brush need to be removed from the right-of-way.

2. All crossline drainage pipes and driveway pipe are to be cleared free of silt and debris.

3. At several locations the shoulder and ditches are to be reshaped and stabilized to conform
to the typical section on the construction plans. All disturbed areas are to be reseeded and stabilized.

4. At the intersection of Robinfield Drive and Sauls Road (SR 2727), radii should
be widened to accommodate existing traffic patterns.

5. Encroachments agreements for all utilities are to be submitted to this office prior
to recommendation for addition.

If any additional information can be provided, please contact myself or Mr. Chris McGee, EIT, Assistant District Engineer at 733-7759.


Sincerely,

T.L. Johnson
District Engineer

 

TLJ/CWM/arc

cc: Mr. Jack Murdock, Assistant Secretary for Secondary Roads and Economic
Development
Mr. D.A. Allsbrook, Jr., P.E., Division Engineer
Mr. Mickey Frederick, Wake County


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Appendix 7

Section 8-22 & 8-24 of the Wake County Unified Development Ordinance Regulations

Completion of Improvements. Except as provided in subsection (D) below, the Subdivision
Administrator shall not accept or approve a record plat presented for recordation until all required improvements have been completed. An improvement is deemed completed when certified to have been installed in accordance with the approved preliminary plat and construction plan by the appropriate Wake County Community Services agency.

(D) Planning Before Completion of Improvements; Disclosure Statement. If all required improvements are not completed before the record plat is presented for recordation, the plat may be accepted, approved, and recorded only if it includes a statement disclosing the status of any uncompleted improvements. If the required improvements have not been completed either by the scheduled completion date set forth in the disclosure statement or by the time the County has issued building permits for fifty percent (50%) of the lots shown on the record plat, the County shall not issue any more building permits for the lots shown on the record plat until all required improvements have been completed. The County shall not issue a Certificate of Occupancy for a building on any lot shown on the record plat until all required water supply and sewage disposal improvements serving the lot have been completed.

The disclosure statement required by this subsection shall include the following:

(1) A schedule indicating when construction or installation of each uncompleted improvement will be completed. Such schedule shall be subject to the Subdivision Administrator's approval, which shall be based on the extent of the subdivision, the nature of the required improvements, and the time of year in relation to the construction season.

(2) The subdivider's signed and notarized acknowledgement that

(a) the subdivider is responsible for the construction or installation of all required
improvements in accordance with the approved preliminary plat and construction
plan and the schedule contained in this statement, and

(b) the subdivider will provide the prospective buyer of any lot shown on the record
plat with written disclosure of:

(i) the subdivider's responsibility and schedule for completing required
improvements, and

(ii) this subsection's provisions regarding the withholding of building permits
and Certificates of Occupancy pending completion of required improvements.

(3) A statement referring to the Subdivision Administrator any inquiries about the subdivision's current status concerning the completion of required improvements or the application of this subsection's provisions regarding the withholding of building permits and Certificates of Occupancy pending completion of required improvements.

(E) Improvements to be Maintained. The subdivider is responsible for maintenance of all required improvements to the standards of this Ordinance until such time as a unit of government, public utility, homeowners' association, lot owner, or other legal entity assumes responsibility for maintenance of the improvements. If NCDOT's district engineer has not recommended that NCDOT accept maintenance responsibility for all required public road improvements by the time the County has issued building permits for seventy-five percent (75%) of the lots shown on the record plat, the County shall not issue any building permits for the remaining lots until NCDOT's district engineer has made such a recommendation.

The record plat shall include the subdivider's signed and notarized acknowledgement that:

(1) the subdivider is responsible for the maintenance of all required improvements until such
responsibility is assumed by a unit of government, public utility, homeowners' association,
lot owner, or other legal entity and

(2) the subdivider will provide the prospective buyer of any lot shown on the record plat with
written disclosure of:

(a) the subdivider's responsibility for maintaining required improvements and

(b) this subsection's provisions regarding the withholding of building permits pending
a recommendation that NCDOT accept maintenance responsibility for required
public road improvements.

(3) The record plat shall also include a statement referring to the Subdivision Administrator
any inquiries about the application of this subsection's provisions regarding the withholding
of building permits pending a recommendation that NCDOT accept maintenance responsibility for required public road improvements.

(F) The Subdivision Administrator shall maintain a record of:

(1) documentation received by the Subdivision Administrator that indicates the subdivision's
status concerning the completion of required improvements and a recommendation that
NCDOT accept maintenance responsibility for required public road improvements; and

(2) any application of this section's provisions regarding the withholding of building permits
and Certificates of Occupancy pending completion of required improvements or a
recommendation that NCDOT accept maintenance responsibility for required public
road improvements.

Upon request, the Subdivision Administrator shall make available a status report summarizing such record. The subdivider may record such status report with the Wake County Register of Deeds as an indication of the subdivision's degree of compliance with this section's provisions.

(G) Administrative Methods to Ensure Completion of Improvements. In accordance with Section 3-1-11 of the Ordinance, the Subdivision Administrator may, in his discretion, establish and apply administrative methods to ensure the completion and maintenance of all required improvements.



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Appendix 8

Example of NCDOT District Engineer's "Acceptance" Letter

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS

4009 District Drive
Raleigh, North Carolina 27607
November 14, 1995


COUNTY: Wake

SUBJECT: Windy Hills Subdivision

Bannister & Glover Properties
1113 Indian Creek Trail
Garner, North Carolina 27529

Dear Sirs:

This is to advise that Taos Trail and the fully constructed portion of Cayuse Lane in the
subject subdivision as recorded in Map Book 1994, Pages 1204 & 1205 of the Wake
County Registry, have been improved to meet the minimum addition standards of the
Division of Highways.

These streets will be submitted to the North Carolina Board of Transportation for their
approval at our earliest convenience.


Sincerely,

T.L. Johnson
District Engineer


TLJ/CWM/arc

cc: Mr. Jack Murdock, Assistant Secretary for Secondary Roads and Economic
Development
Mr. D.A. Allsbrook, Jr., P.E., Division Engineer

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