Reimbursement of Town expenses. In the case of an emergency, or when
deemed necessary for public safety, and whenever the Board of Selectmen
provides or arranges for maintenance, including but not limited to
snowplowing, drainage maintenance, tree removal, resurfacing, and/or
site line improvements of unaccepted roads, the developer may be responsible
for promptly reimbursing the Town for all costs. During any such time
when the developer has outstanding bills owed to the Town, the Town
shall neither consider any requests for a reduction in, or release
of, any bonds held; nor shall it consider any request for acceptance
of the road. In the event that any bills owed by the developer become
past due for a period of more than 45 days, then the Town shall have
the right to deduct such past-due amounts from any bonds or financial
guarantees, cash or otherwise, held by the Town of Old Lyme. Whenever
funds are deducted from a bond or financial guarantee, the developer
shall, upon written notice from the Old Lyme Board of Selectmen, replenish
the bond to the original amount required. In the event that the bond
or financial guarantee is not replenished, the Town shall neither
consider any requests for a reduction in, or release of, any bonds
or financial guarantees held; nor shall it consider any request for
acceptance of the road. In addition, the Town, acting by and through
its Board of Selectmen, may seek relief at law or equity in any court
having jurisdiction. By signing any application under these Design
and Construction Standards, the developer shall have agreed to the
payment of engineering review and inspection fees and attorney review
fees, as well as attorney's fees and costs, in the event that
legal review is necessary or legal action is required to enforce the
provision of this regulation. Further, the applicant consents that
the Town may place a notice of lien on the land records and agrees
that, in the event that it owes the Town money, no further lots may
be sold until the lien is paid.