The text
(a)
Performance bond.
(1)
Before approving an erosion sediment control plan, the building official or his or her designee may require the applicant/owner to file a surety company performance bond, deposit of money, negotiable securities, or other method of surety, as specified by the building official. When any land disturbing activity is to take place within 100 feet of any watercourse or coastal feature or within an identified flood hazard district, or on slopes in excess of ten percent, the filing of a performance bond shall be required. The amount of the bond, as determined by the public works department, or in its absence, the building official, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.
(2)
The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the public works director and the town solicitor.
(3)
A performance bond for an erosion sediment control plan for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirements of this chapter.
a.
Whenever the building official finds that a default has occurred in the performance of any terms or conditions of the bond or in the implementation of measures secured by the bond, written notice shall be made to the applicant and to the surety of the bond by the town solicitor. The notice shall state the nature of default, work to be done, the estimated cost, and the period of time deemed by the building official to be reasonably necessary for the completion of the work.
b.
Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means the institution, by the town solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the 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 solicitor.
If cash or negotiable securities deposit has been posted by the applicant, notice and procedure are the same as provided for in subsection (b) of this section.
The performance-bonding requirement shall remain in full force and effect for up to 12 months following completion of the project, or longer if deemed necessary by the building official.
(b)
Approval; expiration; renewal.
(1)
Every approval granted in this chapter shall expire at the end of the time period established in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.
(2)
If the developer is unable to complete the work within the designated time period, he or she shall, at least 30 days prior to the expiration date, submit a written request for an extension of time to the building official, stating the underlying reasons for the requested time extension. If the extension is warranted, the building official may grant an extension of time up to a maximum of one year from the date of the original deadline. Subsequent extensions under the same conditions may be granted at the discretion of the building official.
(c)
Maintenance of measures. Maintenance of all erosion sediment control devices under this chapter shall be the responsibility of the owner. The erosion sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the owner to their point of open discharge at the property line or at a communal watercourse within the property.
(d)
Liability of applicant. Neither approval of an erosion and sediment control plan nor compliance with any condition of this Chapter shall relieve the owner/applicant from any responsibility for damage to persons or property, nor impose any liability upon the town for damages to persons or property.
(Ord. of 3-7-22, § 1)