(1) General procedure. If the participating jurisdiction finds upon inspection per § 3.3(7)(a)(i) and 3.4(8)(a)(i) that any of the improvements have not been constructed in accordance with the approved construction plans, the applicant shall be responsible for completing the public improvements according to such plans. Where the cost of the public improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the public improvements according to specifications.
(2) Release or reduction of performance bond.
(a) Certificate of satisfactory completion. The town (or other participating jurisdiction) shall not accept required public improvements, nor the Commission release nor reduce a performance bond, until the town has submitted to it a certificate stating that all required public improvements or a pro rata part in the case of a reduction have been satisfactorily completed. The applicant’s engineer or surveyor shall provide the participating jurisdiction with detailed “as built” construction plans of the public improvements, indicating location, dimensions, materials and other information required by the Commission or participating jurisdiction. Upon such certification, the town shall thereafter accept the public improvements for maintenance in accordance with the established procedures unless the town has reliable information as to noncompliance with the plans and specifications.
(b) Reduction of performance bond. A performance bond shall be reduced upon actual acceptance of public improvements, but only by the amount originally estimated for the completion of said public improvements.