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Development projects in Raleigh may require public improvements in the right-of-way (such as street trees, water and sewer mains/services, and street & sidewalk construction). A surety is a way to secure funding for these public improvements.
For reference, please see Section 8.1.3 of the Unified Development Ordinance (UDO).
General Information
The City accepts sureties in the form of:
- Letter of Credit;
- Performance bond;
- Certified check; or,
- Cash
A letter of credit or performance bond should be for a minimum term of two years, plus one two-year renewal if needed.
Step 1: Submitting an Infrastructure Estimate
Before posting a surety the amount to be secured has to be determined with an approved estimate. Clients may create an estimate with this Infrastructure Surety Estimate Template must be used for the initial submittal. This estimate can be submitted through the Permit and Development Portal as part of a Development Plan (ASR or SUB) case at any time prior to recorded map or building permit submittal. For submittal, please check your sub-records on your portal account for the case and follow the application steps.
RESIDENTIAL PROJECTS
Your surety should be posted prior to recording your map. The estimate amount should reflect the total construction cost of all remaining public infrastructure required per the approved construction drawings.
- Submit your initial estimate for review and site plan to the Permit and Development Portal under the sub-record for the ASR or SUB case. Please select Infrastructure Surety Estimate and Site Plan under attachments. The spreadsheet with the estimate must be an .xlsx file extension.
- The estimate should be completed by a licensed professional (i.e. Engineer, Architect, or contractor)
- The applicant will receive confirmation if the estimate is acceptable and may then proceed to STEP 2. Please check your portal account and emails for updates.
COMMERCIAL PROJECTS
Your surety should be posted prior to recording your map or obtaining your building permit issuance, whichever occurs first. The amount of the estimate should reflect the total construction cost of all proposed public infrastructure, per the approved construction drawings.
- Submit your initial estimate for review and site plan to the Permit and Development Portal under the sub-record for the ASR or SUB case. Please select Infrastructure Surety Estimate and Site Plan under attachments. The spreadsheet with the estimate must be an .xlsx file extension.
- The estimate should be completed by a licensed professional (i.e. Engineer, Architect, or contractor).
- The applicant will receive confirmation if the estimate is acceptable and may then proceed to STEP 2. Please check your portal account and emails for updates.
Step 2: Submitting the Surety Packet
With the surety amount known, please include the following in the submittal packet:
- A completed Cover Letter.
- An executed Surety Agreement.
- A copy of the approved Infrastructure Surety Estimate.
- All applicable surety documents from the financial institution.
Surety packets can be delivered:
- Via FedEx
- Planning and Development Dept., ATTN: Lenny Wallace, One Exchange Plaza, Suite 500, Raleigh, NC 27601
- In-person (please make an appointment with a Team member)
- One Exchange Plaza, 5th Floor, Downtown Raleigh
Incomplete submittal packets cannot be processed.
Step 3: Review & Execution of the Surety Agreement
Upon receipt of the submittal packet, the documents will be routed to the City Clerk's office, City Manager's office, and City Attorney's office for review and execution. If changes to the agreement are required, the specified representative will be contacted by one of our staff members. Revised agreements will be returned immediately.
Note: At any point during the life of the project, the City reserves the right to withdraw any active permits or hold Certificates of Occupancy as needed to ensure that sureties and associated agreements are adequate and in good standing.
Once the agreement is executed by the City, a copy will be sent to the contact person for their record.
Surety Reductions (Partial Release)
In accordance with Section 8.1.3.B, a partial release can be requested. A request shall be submitted over the online portal to begin the partial release of the funds.
- Please consult the Inspections Coordinator for your project via email prior to the revised estimate submittal.
- After evaluation for readiness of partial releases, the revised estimate must be sent to the Permit and Development Portal for review.
- The estimate must be completed by a licensed professional (i.e. Engineer, Architect, or contractor).
Submittal items:
- A Cover Letter requesting the reduction.
- A copy of the new Infrastructure Surety Estimate showing the reduction.
- All applicable surety documents from the financial institution.
Surety Release
After public improvements are completed, the surety is released.
Submittal Items:
- A Cover Letter requesting the reduction
- Documentation from the Inspections Coordinator approving the release