To assure that a proposed development, excluding
buildings, conforms to an approved site development plan and other
required documents, a performance bond may be required by the Planning
and Zoning Commission. When a performance bond is required, it shall
be posted prior to the endorsement of the final site plan, the issuance
of any zoning permits and the sale of any lots. Approval of the plan
shall become effective on the date when a copy of an endorsed final
plan and other required documents is filed and recorded in the Office
of the Town Clerk. No construction work shall be started prior to
final approval of said site plan.
A performance bond shall be posted in the Office
of the First Selectman in accordance with one of the following methods
and in a form that is acceptable to the Town Attorney:
The amount of the performance bond shall be
established by the Commission. Applicants shall furnish the Commission
with a listing of the established amount of materials needed to complete
the improvements. The bond shall cover the full cost of the improvements
as if let to bid by the Town without advantages of on-site building
materials or the sale of removed earth material. In addition, the
bond shall include an amount to cover the escalation of all improvement
costs over a two-year period.
The amount of the performance bond shall be
sufficient to cover the cost of any proposed or required site improvement
such as street grading; roadway paving and street planting; the installation
of curbs, gutters, storm drainage facilities, landscaping, sidewalks,
monuments, bridges, and culverts; erosion and sediment control measures;
site stabilization measures; and all other such improvements that
the Commission deems necessary to promote public health and safety
and to safeguard the Town from undue expense in regard to the future
maintenance of said improvements. All improvements shall be designed
in accordance with established standards, rules and regulations applicable
in the Town of Haddam. The Commission may require that a separate
cash performance bond be posted for all erosion and sediment control
and site stabilization measures.
Upon completion of the required improvements,
the applicant shall submit to the Commission:
A.
As-built plans of the improvements (supplied by a
licensed engineer);
B.
Certification of accurate monument location (supplied
by land surveyor);
C.
Easements in a form satisfactory to the Town Attorney,
including a written geometric description of all such easements; and
D.
Proof of fulfillment of any other requirements or
conditions.
A.
The Commission shall authorize the release of the
bond after certification that all required improvements have been
completed to the satisfaction of the Commission and other appropriate
Town departments. In addition, a maintenance bond covering all site
improvements completed for the development may be required prior to
the release of any performance bond.
B.
If the improvements are not installed as required,
the Commission is under no obligation to accept the work. The Commission
may recommend to the Board of Selectman that the bond be declared
defaulted and that it take the necessary action to call the bond.
A.
To assure proper maintenance of all site improvements
and structures, a maintenance bond in the amount of 10% of the estimated
cost of the site improvements shall be submitted to the Town and approved
by the Board of Selectmen. The maintenance bond shall be in effect
for a maximum period of one year from the date the improvements are
accepted by the Town. The bond shall be posted prior to the issuance
of any certificates of zoning compliance. The applicant shall maintain
all site improvements and structures within the time frame of the
bond.
B.
If the applicant fails to remedy any such defects
within a reasonable time, the Town may, without prejudice to any other
remedy, cause the required repairs to be made and paid for with the
proceeds of the maintenance bond.
