Haddam City Zoning Code
ARTICLE XXXI
Bonding
§ 270-178 Performance bond.
To assure that a proposed development, excluding buildings, conforms to an approved site development plan and other required documents, a performance bond may be required by the Planning and Zoning Commission. When a performance bond is required, it shall be posted prior to the endorsement of the final site plan, the issuance of any zoning permits and the sale of any lots. Approval of the plan shall become effective on the date when a copy of an endorsed final plan and other required documents is filed and recorded in the Office of the Town Clerk. No construction work shall be started prior to final approval of said site plan.
§ 270-179 Method and form of bond.
§ 270-180 Amount of bond.
The amount of the performance bond shall be established by the Commission. Applicants shall furnish the Commission with a listing of the established amount of materials needed to complete the improvements. The bond shall cover the full cost of the improvements as if let to bid by the Town without advantages of on-site building materials or the sale of removed earth material. In addition, the bond shall include an amount to cover the escalation of all improvement costs over a two-year period.
§ 270-181 Covered costs.
The amount of the performance bond shall be sufficient to cover the cost of any proposed or required site improvement such as street grading; roadway paving and street planting; the installation of curbs, gutters, storm drainage facilities, landscaping, sidewalks, monuments, bridges, and culverts; erosion and sediment control measures; site stabilization measures; and all other such improvements that the Commission deems necessary to promote public health and safety and to safeguard the Town from undue expense in regard to the future maintenance of said improvements. All improvements shall be designed in accordance with established standards, rules and regulations applicable in the Town of Haddam. The Commission may require that a separate cash performance bond be posted for all erosion and sediment control and site stabilization measures.
§ 270-182 Required submissions upon completion of improvements.
Upon completion of the required improvements, the applicant shall submit to the Commission:
A.
As-built plans of the improvements (supplied by a licensed engineer);
B.
Certification of accurate monument location (supplied by land surveyor);
C.
Easements in a form satisfactory to the Town Attorney, including a written geometric description of all such easements; and
D.
Proof of fulfillment of any other requirements or conditions.
§ 270-183 Release of bond.
A.
The Commission shall authorize the release of the bond after certification that all required improvements have been completed to the satisfaction of the Commission and other appropriate Town departments. In addition, a maintenance bond covering all site improvements completed for the development may be required prior to the release of any performance bond.
B.
If the improvements are not installed as required, the Commission is under no obligation to accept the work. The Commission may recommend to the Board of Selectman that the bond be declared defaulted and that it take the necessary action to call the bond.
§ 270-184 Maintenance bonds.
A.
To assure proper maintenance of all site improvements and structures, a maintenance bond in the amount of 10% of the estimated cost of the site improvements shall be submitted to the Town and approved by the Board of Selectmen. The maintenance bond shall be in effect for a maximum period of one year from the date the improvements are accepted by the Town. The bond shall be posted prior to the issuance of any certificates of zoning compliance. The applicant shall maintain all site improvements and structures within the time frame of the bond.
B.
If the applicant fails to remedy any such defects within a reasonable time, the Town may, without prejudice to any other remedy, cause the required repairs to be made and paid for with the proceeds of the maintenance bond.