A.
As part of a permit issued under this chapter, in addition to any
security required by any other Town or state board, agency or official,
the Commission may require that the performance and observance of
the conditions imposed hereunder may be secured wholly or in part
by one or more of the methods described below:
(1)
By proper bond or deposit of money or negotiable securities sufficient
in the opinion of the Commission.
(2)
By a conservation restriction, easement, or other covenant remaining
with the land and enforceable in the court of law, executed and duly
recorded by the owner of record, to the Town and members of the public,
whereby permit conditions shall be performed and observed before any
lot may be conveyed other than by mortgage deed. Upon completion of
site alterations required in the permit, security for the performance
of which was given by bond, deposit, or covenant, or upon the complete
performance of the covenants with respect to the site, the applicant
may request and agree to terms of release which the Commission shall
determine. If the Commission determines that said alterations have
been completed in compliance with the conditions of the permit, it
shall release the interest of the Town in such bond and return the
bond or deposit to the person who furnished same, or release the covenant,
if appropriate.
B.
If the Commission determines that said alterations have not been
completed in compliance with the permit, it shall, within 45 days,
specify to the applicant, in writing, the details wherein said alterations
fail to comply with the permit.
A.
The Commission may issue an enforcement order or an order to cease
and desist if at any time it becomes aware of any alteration of or
work within a resource area protected by this chapter that is not
pursuant to a valid order of conditions. Any member of the Commission
or its Agent may issue an enforcement order or an order to cease and
desist upon good cause shown.
B.
A public hearing shall be held on the enforcement order or order
to cease and desist at the next regularly scheduled meeting of the
Commission or as soon as practicable if a hearing at the next regularly
scheduled meeting is not feasible.
C.
If alteration to the resource area has commenced, the Commission
may, as part of the enforcement order and/or order to cease and desist,
require the landowner and/or person responsible for the alteration
to restore the resource area; to replicate the altered resource area;
or any other action deemed necessary by the Commission to protect
the interests of this chapter.
