A. 
Before approving a SWPPP, the Building/Zoning Official or his or her designee may require the applicant/owner to file a surety company performance bond or deposit of money or negotiable securities or other method of surety, as specified by the Building/Zoning Official or his or her designee. When any land disturbing activity is to take place within 100 feet of any watercourse or within an identified flood hazard district, or on slopes in excess of 10%, the filing of a performance bond or deposit of money or negotiable securities or other method of surety as specified by the Building/Zoning Official or his or her designee shall be required. The amount of the bond, as determined by the Public Works Department, or in its absence, the Building/Zoning Official or his or her designee, shall be sufficient to cover the cost of implementing all control measures as shown on the plan.
B. 
The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the Public Works Director and the Town Solicitor.
C. 
A performance bond for a SWPPP for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirement(s) of this chapter.
A. 
Whenever the Building/Zoning Official or his or her designee shall find that a default has occurred in the performance of any term(s) or condition(s) of the bond or in the implementation of measures secured by the bond, written notice thereof shall be made to the applicant and to the surety of the bond by the Town Solicitor. The notice shall state the nature of default, work to be done, the estimated cost thereof, and the period of time deemed by the Building/Zoning Official or his or her designee to be reasonably necessary for the completion of the work.
B. 
Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in such notice of default shall mean the institution, by the Town Solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond to cause the required work to be completed by the Town, by contract or by other appropriate means as determined by the Town Solicitor.
C. 
Notice of default on performance secured by certified check. If a certified check has been posted by the applicant, notice and procedure shall be the same as provided for in the preceding Subsection A.
D. 
Release from performance bond conditions. The performance bonding requirement shall remain in full force and effect for 12 months following completion of the project, or longer if deemed necessary by the Building/Zoning Official or his or her designee.
A. 
Expiration. Every approval granted herein shall expire at the end of the time period set forth in the conditions. The developer shall fully perform and complete all of the work required within the specified time period.
B. 
Renewal. 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/Zoning Official or his or her designee, setting forth the reasons underlying the requested time extension. If the extension is warranted, the Building/Zoning 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/Zoning Official or his or her designee.
Maintenance of all erosion sediment control devices under this chapter shall be the responsibility of the owner. The erosion sediment control measures and controls for other wastes 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 a SWPPP 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.