A. 
All construction within new developments shall be performed in accordance with the plans, profiles, typical sections and details approved by the Board and the requirements contained therein.
B. 
Minor changes or revisions to said plans, profiles, typical sections and details caused by unanticipated conditions encountered during construction shall be designed by the applicant's engineer and shall be subject to the written approval of the Town Engineer with concurrent notice to the Planning Director prior to such approval being given. Major changes or revisions to any plan previously approved by the Planning Board which involve material alterations in the work, or involve discretionary judgment powers generally reserved for the Planning Board under these regulations or applicable statutory provisions, shall be made only upon receipt of approval from the Derry Planning Board. Those contemplating a change or revision to approved project plans shall contact the Planning Director and Town Engineer regarding the proposed change. The Planning Director, in consultation with the Town Engineer, shall render an opinion as to whether a contemplated change is deemed to be a major or minor revision.
C. 
Executed and recordable instruments of conveyance shall be delivered to the Town conveying land to be used for public purposes, easements and rights-of-way over property to remain in private ownership, and rights of drainage across private property shall be submitted in a form satisfactory to the Town's Attorney.
D. 
No occupancy permits shall be granted for any structure until all work shown on an approved site plan is complete to the satisfaction of the Town Engineer and Planning Director. However, in certain cases, for good cause and reason, a temporary certificate of occupancy may be granted for a site provided the owner provides a performance guarantee to the Town, in an amount and form acceptable to the Town, to serve as a surety that remaining improvements not yet completed or begun will be satisfactorily completed within a predetermined time period. Nothing herein should be deemed to bind the Building Inspector, who shall have the final determination as to whether a certificate of occupancy shall be issued.
All items of work shall be constructed in conformance with all codes, ordinances, specifications and regulations adopted by the Town. Any item of work for which there are no specifications contained herein shall conform to "Specifications for Road and Bridge Construction" of the State of New Hampshire Department of Transportation, latest edition.
All construction within new developments shall follow the procedures as set forth in the Site Development Construction Monitoring Procedures and Checklist, published by the Derry Department of Public Works, latest edition.
Any violation of these regulations shall be subject to the penalties as provided for in RSA 676:17, as amended. Each day the violation continues shall constitute a new violation.
In approving any application, the Planning Board may specify the threshold level of work which shall constitute active and substantial development and building for the purpose of determining the minimum amount of work required in order to satisfy the provisions of RSA 674:39. "Active and substantial development," in the absence of the specific finding of the Planning Board, shall mean a level of construction sufficient to cause eligibility for certificates of occupancy for structures on those lots as to which an RSA 674:39 exemption is or will be claimed under the provisions of § 170-74D of these regulations.
Substantial completion of project improvements, unless otherwise specified by the Planning Board in connection with a site plan approval, shall include the improvement of all on-site and off-site improvements specified on the approved site plan, except for those improvements which are specifically deferred by recorded vote of the Planning Board prior to the expiration of the four-year period specified in RSA 674:39. To the extent that the Planning Board calls a bond or other security for such improvements and the funds are paid to the Town, substantial completion of the improvements on the site plan shall be deemed to have occurred.[1]
[1]
Editor's Note: Appendix A, Application Forms and Procedures, Appendix B, Development Project Escrow Workbook, and Appendix C, Development Project Escrow Workbook, which immediately followed this section, are on file in the office of the Planning Board.