The text
Sec. 29-81. - Performance guarantee.#
In the event that site work cannot be completed prior to the need for a certificate of occupancy, the building official may require the posting of a guarantee deposit to ensure that site work is completed in accordance with the permit and approved plans. The amount of such performance guarantee shall be determined by the public works director or in his/her absence, the building official and shall be sufficient to cover the cost of completing all erosion and sediment control measures shown on the plan. In the instance where a performance bond has been posted with the recording of a final subdivision, the bond shall not be fully released until such time that the building official has notified the planning board administrative officer of successful completion of all permit requirements. The posting of such bond as part of the subdivision performance bond does not, however, relieve the owner of any requirement(s) of this chapter.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-82. - Notice of default on performance guarantee.#
(a)
Whenever the building official shall find that default has occurred in the performance of any term(s) or condition(s) of the guarantee deposit or bond or in the implementation of measures secured by the bond, written notice thereof shall be made to the applicant and to the surety of the bond by the town administrator. Such notice shall state the nature of default, work to be done, the estimated cost thereof, and the period of time deemed by the building official to be reasonably necessary for the completion of such work.
(b)
Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in such notice of default shall result in action by the town administrator, without further notice of proceedings whatsoever, to utilize the guarantee deposit or performance bond to cause the required work to be completed by the town, by contract or by other appropriate means as determined by the town administrator.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-83. - Violations.#
The approval of an erosion, runoff and sediment control plan under this chapter may be revoked or suspended only by the building official. All work on the project may be halted for an indefinite time period by the building official after written notification is transmitted (by the building official) to the applicant for one or more of the following reasons: (1)
Violation of any condition of the approved plan, conditions or specifications pertaining thereto;
(2)
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation related to the work or work site; and
(3)
The existence of any condition or the performance of any act constituting or creating a nuisance, hazard, or endangerment to human life or the property of others, or contrary to the spirit or intent of this chapter.
(Ord. No. 2009-14, 11-28-09)
Sec. 29-84. - Penalty.#
(a)
Whenever there is a failure to comply with the provisions of this chapter, the town shall have the right to notify the applicant that he/she has five days from the receipt of notice to temporarily correct the violations and 30 days from receipt of notice to permanently correct the violations.
(b)
Should the applicant fail to take the temporary corrective measures within the five-day period and the permanent corrective measures within the 30-day period, the town shall then have the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the cost of remedial actions.
(c)
The lien shall be enforced in the manner provided by law for the enforcement of common law liens on personal property. The lien shall be recorded with the records of land evidence of the town, and the lien shall incur legal interest in the amount of the prime rate plus one percent from the date of recording.
(d)
The imposition of any penalty shall not exempt the offender from compliance with the provisions of this chapter, including revocation of the performance bond or assessment of a lien on the property by the town.
(Ord. No. 2009-14, 11-28-09)