[Adopted 9-13-1993 by L.L. No. 3-1993]
The Town of Pompey has experienced damage to its road surfaces caused by the negligent operation of equipment used in connection with home building and land development, the repair of which damage then becomes a drain on the general revenues of the Town. In order to avoid this undesirable effect, the Town of Pompey is hereby creating a mechanism to ensure responsibility of developers and builders in connection with road damage.
A. 
Commencing with the effective date of this article, any person, firm, company or corporation who or which applies for a building permit on land which has frontage on a Town highway which has been newly constructed or which has been accepted by the Town within the last five years from the date of the application shall deposit with the Town Zoning Enforcement Officer a sum in an amount as shall be set from time to time by the Town Board as security to guarantee the adequate repair of such Town highway in the event of damage caused to such road by the operation of any equipment used in connection with the building or development of such lot.
[Amended 12-4-1995 by L.L. No. 5-1995]
B. 
Said deposit will be retained by the Town until such time as a certificate of occupancy is issued in connection with such building permit.
A. 
After all construction and grading is complete and prior to issuance of the certificate of occupancy, the Town Highway Superintendent shall issue a letter to the Town Zoning Enforcement Officer indicating whether or not the security herein required shall be returned. If said Town highway has not been damaged or, if damaged, has been repaired, the Highway Superintendent shall recommend the return of such deposit. In the event that repair to the highway is required prior to the issuance of the certificate of occupancy, said letter shall so state, a copy shall be sent to the holder of the building permit and a reasonable time shall be therein specified for the required road repairs to be completed.
[Amended 12-4-1995 by L.L. No. 5-1995]
B. 
In the event that such repairs are not completed within the time specified, the Town shall retain the deposit and proceed to complete the repairs and issue the certificate of occupancy.
C. 
Any deposits made shall not earn any interest, nor shall the Town be obligated to pay or credit any interest to the depositor.