Before final approval is recorded at the Registry
of Deeds, the applicant must either:
A.
Complete all improvements specified on the plan; or
B.
File a performance guarantee in an amount sufficient
to cover the cost of preparation of the streets, curbs, sidewalks,
streetlights, street signs, traffic signals, municipal water and municipal
sewer facilities, setting boundary monuments, parks and recreational
areas, or other off-site or promised improvements where applicable.
A.
Any performance guarantee shall be approved as to
form and amount by the Derry Planning Board and conditioned on the
completion of such improvements within two years of the date of the
performance guarantee unless released earlier by a vote of the Board
upon request of the subdivider. Guidelines, procedures and requirements
for establishing performance guarantees are more specifically outlined
in the "Development Project Security Workbook" of the Town of Derry
appended to these regulations.[1]
[1]
Editor's Note: This workbook is on file in
the office of the Planning Board.
B.
The applicant shall construct and pay for all temporary
improvements, such as erosion and sedimentation control measures and
temporary infrastructure improvement, required by the Board and shall
maintain those improvements for the period of the performance guarantee
or, in the case of public roadways, the date that the Town accepts
the dedication of the streets and releases all securities, whichever
date comes earlier.
[Amended 3-28-2007]
C.
If improvements for which security is given are not
completed within the period specified in the performance security,
then the Board may vote to complete the improvements and withdraw
the necessary funds from the balance of any such security in accordance
with the term of security.
D.
When subdivision improvements have been certified
to be complete and acceptable to the Town by the Town Engineer or
the Planning Board's designee, the Board may vote to recommend that
the Town Council accept such public roads, parks and other improvements.
[Amended 3-28-2007]
E.
The approval of a subdivision plan by the Board shall
not constitute or imply the acceptance by the Town of any street,
easement or park shown on the plan, nor shall any such street, easement
or park shown on the plan be deemed to have been accepted unless and
until the Town Council shall have voted to do so. Prior to acceptance
of streets, easements or lands to be conveyed to the Town by any party,
the applicant or his/her successor shall provide for executed warranty
or easement deeds, in a form acceptable to the Town, conveying such
land or easements to the public.
In order to confirm that various items and features delineated on plans presented to the Planning Board for approval (or which are otherwise required in connection with the development) are, in fact, constructed in accordance with those plans and/or in accordance with applicable codes and standards, the Planning Board may, at the time of plan approval, require the applicant to establish an appropriate escrow, or other security in addition to the performance guarantee described in § 170-35 herein, acceptable to the Planning Board, which will be used by the Town of Derry as security for retention of appropriate engineers or other consultants to confirm that construction is in conformance with the approved plans and/or applicable codes and standards. The applicant shall reimburse the Town for the cost of such engineers or consultants prior to release of said security. Specific details and procedures concerning construction monitoring requirements are as contained in the "Subdivision Construction Monitoring" and "Off-Site Development Construction Monitoring" Workbooks appended to these regulations.[1]
[1]
Editor's Note: These workbooks are on file
in the office of the Planning Board.
[Amended 6-18-2008]
In order to provide a permanent record of the locations, dimensions and characteristics of various items and features delineated on plans presented to the Planning Board for approval (or which are otherwise required in connection with the development), the Planning Board shall require the applicant to provide as-built drawings, sealed by a licensed professional engineer or licensed land surveyor, prior to the final release of performance guarantees pertaining to such items. As-built plan requirements and content shall conform with applicable standards established by the Public Works Department. In addition, a digital submission of as-built plans shall be submitted to the Community Development Director, in the format set forth under § 170-24.
A.
Performance guarantees shall not be released until
a third party licensed land surveyor or professional engineer has
certified that required boundary monuments have been set.
B.
As phases or portions of the secured improvements
or installations are completed and approved by the Planning Board,
the Board may partially release said security to the extent reasonably
calculated to reflect the value of such completed improvements or
installations; provided, however, that the Planning Board shall establish
a reasonable retainage sufficient to repair or complete any such improvement
on account of damage or deterioration caused by or on account of the
completion of the project.
C.
The security posted by the applicant may, upon request
of the applicant, be released to the extent of improvements completed,
as certified by the Town's inspecting engineer.
D.
Developers shall be required to maintain all required
public improvements in the subdivision, including snow removal, until
the street, or other improvements, is officially accepted by the Town.
[Amended 3-28-2007]
