Subdivision & Infrastructure Standards 6.13 Provision Of Services And Acceptance By Town
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6.12.4. Forfeiture and Default A.
Forfeiture Provisions: All improvement guarantees and performance securities shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance. B. Default by Developer 1. Upon default, meaning failure on the part of the developer or surety to make timely completion of the required improvements, or to maintain privately owned improvements in accordance with an approved operations and maintenance agreement, the town may require the developer, the surety, or the financial institution holding the escrow account to pay all or any portion of the bond or escrow account fund to the town. 2. Upon payment, the town, at its discretion, may expend such portion of the funds as it deems necessary to complete all or any portion of the required improvements. 3. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. 6.13. Provision Of Services And Acceptance By Town The following shall not occur upon any land for which a plat is required to be approved, unless and until the requirements set forth in this ordinance have been complied with and the Final Plat has been approved and recorded with the Wake County or Franklin County Register of Deeds:
• No street shall be maintained or accepted by the town, and
• No water or sewer shall be extended to or connected with any subdivision of land, and
• No permit shall be issued by an administrative agent or department of the Town of Wake Forest for the construction of any building or other improvement requiring a permit.
6.14. Ownership & Maintenance Of Common Areas All developments containing land, amenities or other facilities under private common ownership shall provide for the ownership & maintenance of such areas. Multi-family developments that are subject to fee-simple lot/unit ownership shall convey all such common areas to a non- profit corporate homeowners’ association with a membership of 100% of the lots/units in the development. The developer shall file with the Franklin or Wake County Register of Deeds a “dedication of covenants” and must meet the following criteria:
• The homeowners’ association must be established before the units are sold;
• The homeowners’ association is established as the responsible entity for the liability insurance, pertinent local taxes, and maintenance of all recreation and other facilities; • Sums levied by the homeowners’ association that remain unpaid shall become a lien o n the delinquent property; • For condominium development, documents must meet the requirements of NCGS 47A Unit Ownership; and • All easements over common areas for access, ingress, egress, and parking shall be shown and recorded on a final plat with the Franklin or Wake County Register of Deeds.
See Section 7.6 for ownership and maintenance requirements specific to open space.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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