A.
Completion of improvements will not be required prior to the approval
of the final subdivision plan by the Commission provided a detailed
estimate of all required public or community health and safety improvements
is submitted as part of the application for approval, and appropriate
security guaranteeing the completion of such improvements is provided
in accordance with these Regulations.
B.
In conjunction with approval of any subdivision plan which includes
work related to public or community health and safety improvements,
and before proceeding with any work, the subdivider shall review the
scope with the Director of Public Works or his/her designee, who shall
review the subdivider's estimate of construction costs of such
improvements and shall recommend to the Commission the amount of security
to guarantee the estimated cost of construction, installation, and
completion of such improvements.
C.
In determining the security amount, the Commission shall consider
the recommendation of Town staff and may add a percentage not to exceed
20% to cover inflation, administrative or other costs to the Town
for advertising and awarding a contract in case of default.
D.
Until completion of such improvements, the Commission shall review
such amount on an annual basis to assure that any security remains
adequate.
E.
To ensure the effective completion and management of improvements,
the Commission may require a bond.
F.
Notwithstanding the requirements of this section, approved lots may
be constructed in accordance with the conditions specified in the
development agreement (2 a and b) provided that the common roadway
access to any subject lot from a public street or established private
road must be constructed to appropriate line and grade and paved (to
binder course elevation) to accommodate two-way traffic (unless proposed
as a one-way road in the approved subdivision plan) with appropriate
drainage facilities installed and appropriate emergency response access
provided prior to issuance of any certificate of occupancy (whether
temporary or permanent) shall be issued for any building on such lot.
A.
Where a bond (the term used herein to designate a security instrument
assuring performance) is required by any section of these Regulations,
it shall be in one of the following forms and the Director of Planning
and Development (or his/her designee) shall require evidence of compliance
with the following standards before accepting any bond:
(1)
Cash deposited with the Town;
(2)
Check to the order of the Town; or
(3)
An irrevocable evergreen letter of credit from a bank certified
to conduct business with the Town.
(4)
A surety bond meeting the following requirements:
(a)
The surety issuing the bond shall be one approved by the Commission
and found to be acceptable by the Town of Canton Director of Finance
based on the following criteria:
(b)
The surety company shall maintain permanent offices within the
State of Connecticut.
(c)
The surety bond agreement shall contain the following provisions,
at a minimum:
[1]
That payment shall be made in full within 65 days of written
demand by the Commission or its agent;
[2]
That failure to make full payment within such time shall automatically
and without further demand result in a penalty of 1% of the total
outstanding bond for each calendar month or part thereof that such
payment is delayed past the date of demand;
[3]
That if litigation is required to collect the said surety bond,
the surety company shall pay to the Commission the costs thereof,
including witness fees, court entry fees, legal fees, and any other
costs and expenses of such litigation; and
[4]
The surety company shall agree to indemnify and hold harmless
the Commission and the Town of Canton against any and all claims of
damage or injury sustained upon, or as a result of, the incomplete
public improvements during the period following the demand for payment
on said surety bond, and for restoration of any damage or deterioration
(including, but not limited to, erosion and sedimentation damages)
resulting from such delay in payment; and
[5]
Such other provisions as the Commission's legal counsel
shall require.
B.
The above-referenced forms shall be as provided by the Town and shall
be the only ones acceptable to the Commission. The amount of the bond
shall be the sum which the Commission shall require. The completion
date of all required improvements shall be the end of the term of
the bond or any extension thereof.
C.
For all performance bond documents:
(1)
If the applicant is a corporation, then the corporate seal must
be shown in addition to the seal of the lending institution issuing
the passbook assignment or letter of credit, and a corporate resolution
must be provided indicating that the corporate officer executing the
bond documents has authority to do so.
(2)
If the applicant is a partnership, then a partnership resolution
must be provided indicating that the partner executing the bond documents
has authority to do so.
(3)
Any corporation shall provide a certificate of good standing
from the Connecticut Secretary of the State; any limited partnership
shall provide a certificate of legal existence from the Connecticut
Secretary of the State; out-of-state applicants shall present evidence
from the Secretary of the State that they are authorized to do business
in Connecticut.
D.
If, at any time, any bond required by this section shall not be in
effect for incomplete or unaccepted improvements, the Commission may
either file a caveat on the land records warning potential purchasers
of such fact, void the subject approval or permit in accordance with
the provisions of these Regulations, or deny a request for a certificate
of zoning compliance.
E.
Any required bond shall not be released by the Commission until:
(1)
The release has been requested, in writing, by the applicant;
(2)
The applicant's professional engineer or professional land
surveyor has certified to the Commission, through submission of a
set of detailed "as-built" plans on mylar, that all improvements and
other work are in accordance with submitted site plans; and
(3)
The Commission's engineer has reviewed the "as-built" plans
and has submitted a letter stating that all required improvements
have been satisfactorily completed and that all conditions and requirements
of the Commission's approval have been satisfied.
F.
Any cost of collecting a bond, including without limitation, attorney,
bank other collection fees and expenditures, shall be accounted for
by the applicant and may be deducted from amounts released and such
amount shall be paid from the cash bond if one exists, or from the
applicant.
In order to ensure that the Town of Canton and the Developer
of any public or community improvements agree as to the phasing, terms,
conditions, duties, and obligations with respect to those improvements,
the Commission shall require the execution of a development agreement
in a form acceptable to the Commission and its staff, and consistent
with the model development agreement found in Appendix 1 of these
Regulations.[1]
[1]
Editor's Note: Said agreement is included as an attachment to this chapter.
A.
Acceptance of public improvements by the Town, as the Town may find
in its interests to accept, shall be accomplished in a manner consistent
with § 8-24 of the C.G.S. and other applicable statutes,
along with requirements of the Town Charter and guidelines established
by the Board of Selectmen and carried out by the Chief Administrative
Officer of the Town.
B.
When the following provisions have been met, a subdivider may request
that the Town accept the public improvements:
(1)
Work related to public improvements to be accepted by the Town
shall have been found by the Commission, in consultation with Town
staff, to have been completed and substantially acceptable.
(2)
A sworn affidavit stating that all monuments have been set in
conformance with the approval requirements of the Commission is obtained
from the licensed surveyor employed by the subdivider.
(3)
A set of reproducible "as-built" drawings showing all public
improvements as constructed and installed is prepared. These drawings
shall be certified, bearing the name and seal of the professional
engineer and/or licensed surveyor employed by the subdivider assuring
that all public improvements conform to the Commission's requirements.
(4)
Deeds for public improvements, including instruments relating
to open space reservations, shall have been executed in a form approved
by the Town's attorney and delivered to the Land Use Office for
filing with the Town Clerk.
(5)
Easements for drainage and grading, both within the subdivision
and across adjacent properties, shall have been executed in a form
approved by the Town's attorney and delivered to the Land Use
Office for filing with the Town Clerk.
(6)
Terms and conditions of the development agreement (see Appendix
1)[1] have been completed as may be applicable, as verified
by Director of Planning.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(7)
Traffic control and street names have been installed in accordance
with plans approved by Local Traffic Authority, acting through the
Chief of Police.
(8)
Fire protection has been installed per approved subdivision
plans, with installation verification to be provided by Fire Marshall
or Fire Chief.
(9)
When public water supply is provided by the Connecticut Water
Company, formal indication that all improvements are complete and
acceptable for both domestic and fire requirements.
(10)
When public sanitary sewer is provided by the Canton Water Pollution
Control Authority, formal indication that all improvements are complete
and acceptable for flow.
(11)
When a community water supply has been provided, formal indication
from governing regulatory body that all improvements are complete
and acceptable for domestic use.
(12)
When a community on-site sewage disposal system has been provided,
formal indication from governing regulatory body that all improvements
are complete and acceptable.
C.
Upon completion of the above requirements, the Commission shall file
a report with the Board of Selectman pursuant to C.G.S. § 8-24
and may recommend acceptance of the public improvements.
(1)
Any remaining security shall be designated as residual security
to be held and managed by the Board of Selectmen for one year from
the date of acceptance of the improvements as an assurance to correct
any defects that develop involving the improvements.
(2)
The Board of Selectmen shall authorize final release of the
security upon a written statement from the Director of Public Works
that no defects have developed during the one-year period that requires
corrective work.
