A. 
Before approving an erosion and sediment control plan, the Building Official or his or her designee shall require the applicant/owner to file a deposit of money, in the form of cash or a certified bank check, as specified by the Building Official or his or her designee. The amount of the guarantee, as determined by the Public Works Department, or in its absence, the Building Official or his or her designee, shall be sufficient to cover the cost of implementing all erosion and sediment control measures as shown on the plan.
B. 
Notice of default on performance guarantee.
(1) 
Whenever the Building Official or his or her designee finds that a default has occurred in the performance of any terms or conditions of the approved plan or in the implementation of measures under guarantee, written notice shall be made to the applicant by the Building Official or his or her designee. 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 or his or her designee to be reasonably necessary for the completion of the work.
(2) 
Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in the notice of default means the institution, by the Building Official or his or her designee, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance guarantee, to cause the required work to be completed by the Town, by contract or by other appropriate means as determined by the Town Administrator.
C. 
Release from performance guarantee conditions. The performance guarantee requirements shall remain in full force and effect for 12 months following completion of the project, or longer if deemed necessary by the Building Official or his or her designee, and until all delinquent inspection fees have been paid.
A. 
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.
B. 
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 or his or her designee, stating the underlying reasons for the requested time extension. If the extension is warranted, the Building Official or his or her designee 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 or his or her designee.
Maintenance of all erosion and sediment control devices under this chapter shall be the responsibility of the owner. The erosion and 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.
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.