1. Prior to the construction of any improvements approved by the town and prior to final approval of major subdivision or site plan or approval of minor subdivision or minor site plan, the applicant shall deposit and maintain with the town a fund of not less than five percent of the estimated cost of the required on- and off-site improvements, as determined by the town engineer, to cover costs of inspection of improvements. The minimum escrow deposit required at any one time shall be $200.00.
2. If at any time during the inspection of the construction of said improvements it becomes evident that the escrow deposit is or will be insufficient to cover the costs thereof, the applicant shall make such additional deposits in amounts to be determined by the town engineer based upon the estimated costs required to properly review and inspect the on- and off-site improvements.
3. The engineering, legal and planning escrows as set forth in the aforesaid provisions are minimum amounts representing an estimate of the anticipated costs for such services based on the hourly rates of the respective professional. The hourly rates to be charged each applicant for the services of such professionals shall be the same as those set forth in the contracts between the town and said professionals. All legal, engineering and planning review fees set forth under the applications for use and bulk variances, appeals, interpretations and miscellaneous applications are nonrefundable minimums. In all other cases, if the actual cost is less than the minimum, the applicant shall receive a refund of the difference for all development applications; if actual costs for such proposed services exceed the minimum deposits, the applicant shall be responsible to pay to the town the difference between the actual amount and the amount deposited.

(UDC 2002, § 1000)

1. General Requirements.
   1. No final application for development (whether for an entire tract or a section thereof) shall be approved by the board until the satisfactory completion and performance of all required improvements have been certified by the town engineer. As a condition of final approval for any application for development, all applicants shall submit a performance guarantee, and upon completion and approval of the improvements, a two-year maintenance guaranty for all required on- and off-site improvements. The form and amount of the aforementioned guaranties must meet the satisfaction of the town solicitor and engineer.
   2. A performance guaranty estimate shall be prepared by the applicant's engineer and submitted to the town engineer for review and approval, setting forth all requirements for improvements and their estimated cost. The performance and maintenance guaranties shall conform to such approved estimate in the manner calculated below.
2. Calculation Of Guaranty. The owner shall present the performance guaranty, in an amount equal to 120 percent of the approved performance guaranty estimate required above. The guaranty must then receive the approval as to form, amount and execution by the town engineer as a condition to approval of the application. No plans will be signed or approval given by the town until the required performance guaranty has been approved.
3. Bonding And Cash Requirements. The performance guaranty shall be made payable and deposited to the town and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the owner shall be principal. The bond or letter of credit to be provided must be issued by an acceptable surety or banking company licensed to do business in the state. The town shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the town to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on the part of the owner, to be used by the town to pay the cost and expense of obtaining completion of all requirements.
4. Inspection And Tests.
   1. All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the town engineer to ensure satisfactory completion. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the municipal engineer for such inspection. The municipal engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. The project may be immediately shut down by the municipal engineer if sufficient fees for inspections have not been deposited in accordance with this section.
   2. In no case shall any paving work be done without permission from the town engineer. At least two working day's notice shall be given to that town engineer prior to any construction so that the engineer or a qualified representative may be present at the time the work is to be done.
   3. Streets should not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earthmoving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.
   4. The town engineer's office shall be notified prior to each of the following phases of work so that they or a qualified representative may inspect the work:
      1. Road subgrade.
      2. Curb and gutter forms.
      3. Curbs and gutters.
      4. Road paving.
      5. Sidewalk forms.
      6. Sidewalks.
      7. Drainage pipes and other drainage construction.
      8. Street name signs.
      9. Monuments.
      10. Stormwater basins.
      11. Topsoil, seeding and planting.
   5. Any improvement installed contrary to the plan or plat approval by the town shall constitute just cause to void the municipal approval.
   6. Any improvement installed without notice for inspection shall constitute just cause for:
      1. Removal of the uninspected improvement;
      2. The payment by the developer of any costs for material testing;
      3. The restoration by the developer of any improvements disturbed during any material testing; and/or
      4. The issuance of a stop-work order by the town engineer pending the resolution of any dispute.
   7. Inspection by the town of the installation of improvements and utilities shall not operate to subject the town to liability for claims, suits or liability of any kind that may arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.
5. Conditions And Acceptance Of Improvements. The approval of any application for development and release of guaranty by the town shall in no way be construed as acceptance of any street or drainage system or any other improvement, nor shall such approval obligate the town in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
   1. The town engineer shall have certified, in writing, that the improvements are completed and that they comply with the requirements of this chapter.
   2. The final application for development shall have been approved by the town.
   3. The owner shall have filed with the town a maintenance guaranty in an amount equal to and not more than 15 percent of the cost of installing the improvements. The maintenance guaranty shall run for a period of two years from final acceptance of the improvement. The procedures and requirements for acceptance and release governing such maintenance guaranty shall be identical to the procedures and requirements for a performance guaranty set forth in this chapter.

An as-built plan and profiles of all utilities and roads three black-and-white prints plus a Mylar copy to be sent to the town engineer, with certification signed and sealed by a state licensed professional engineer as to the actual construction as approved by the town engineer, shall be provided.

(UDC 2002, § 1001)

The following regulations concerning expiration of recorded and approved plans are applicable to major subdivisions, minor subdivisions, and land development plans.

1. Plans recorded after adoption of these regulations. Construction of development or improvements shown on an approved record plan for a major subdivision or major land development shall commence within five (5) years of the date of recordation of the first record plan for the subdivision or land development plan.
2. Plans recorded before the adoption of these regulations. Construction of development or improvements shown on a record plan for a major subdivision or major land development shall commence within five (5) years from the 3rd of June, 2020; except that
   1. The sunsetting provisions shall apply to all major and subdivision and major land development plans; except that:
      1. Any major subdivision or major land development plan that was unbuildable immediately prior to the adoption of these regulations for any reason; and,
      2. Any re-subdivision plan and any minor subdivision or minor land development plan that was approved in reliance upon a major subdivision or major land development plan that was unbuildable immediately prior to the adoption of this section, shall remain unbuildable and shall remain exempt from the application of this section.
      3. Land disturbances of less than one thousand (1,000) square feet and not involving any building or structure, buffer yard, resource, or conservation area, are exempt from this section.
3. The applicant shall bear the burden of providing evidence to the Town Manager establishing that construction had commenced within the five (5) year period.
4. Construction has not commenced within five (5) years, the record plan shall be resubmitted and reviewed by the Planning Commission to determine if the conditions of approval of the original record major subdivision or land development plan have changed or have been altered by the subsequent adoption of, or amendments to, this Chapter. The Planning Commission shall either:
   1. Reapprove the record plan, and give written notice to the owner of reapproval. Such approval shall allow the issuance of building permits subject to the provisions of the original record major subdivision or land development plan and/or any recorded resubdivision plans. The owner shall then have five (5) years from the date of such notice of reapproval to obtain building permits and commence construction.
   2. Disapprove the record plan and give written notice to the owner of the specific areas of noncompliance. The modifications necessary to bring the plan into compliance with this Chapter shall be incorporated into a revised exploratory plan and resubmitted. Upon approval of a revised exploratory plan, a new major subdivision or land development plan may be submitted for approval. The new plan approved and recorded pursuant to this Section shall have the effect of superseding the original record major subdivision or land development plan. The owner shall then have five (5) years from the date of notice made pursuant to this subsection to obtain building permits and commence construction.
   3. If a rezoning of the property occurred simultaneously with the approval of the preliminary record plan and the Planning Commission has determined that a new revised record plan is required, the zoning of the property shall revert to the previous zoning district. The processing of the revised record plan shall require full compliance with the then current rezoning procedures.