§ 50.07 INSPECTION AND TESTING OF OFF-SITE CONSTRUCTION.
   (A)   During off-site construction, the town shall provide construction review and review of materials text results to assess conformity to current town standard specifications and drawings.
      (1)   Inspection of the work by the Department shall not be considered as direct control of the individual workman and the work. The direct control shall be solely the responsibility of the contractor.
      (2)   Any work done or materials used without inspection and testing or test results approved by an authorized representative of the town may be ordered removed and replaced. Failure to reject any defective work or materials shall not in any way prevent later rejection when such defect is discovered nor obligate the Department to final acceptance.
      (3)   The Department, for the purpose of expediting and facilitating the progress of the work, may not inspect all materials, and each part or detail of the work. The Public Works Director shall be furnished at any time with such information and assistance by the contractor as is required to make a complete and detailed inspection.
      (4)   No work will be accepted which is installed prior to dedication of rights-of-way.
   (B)   Time limit. 
      (1)   Construction of off-site improvements in, upon or under public places, rights-of-way or other public surface or subsurface drainage facilities permit shall be continuously and diligently performed to completion, and completion thereof shall be accomplished within one year after issuance of the permit unless a shorter or longer time period is otherwise specifically stated in the permit.
      (2)   This period may be extended if a hardship is acknowledged by the Public Works Director for strikes, unavailability of materials, unseasonable weather or other good and sufficient cause not caused by or within the developer's or contractor's control.
      (3)   If the construction of the improvements is not commenced or if an extension of time for completion is not granted, the plans shall be resubmitted for review and approval and a new permit covering the work or the remaining work to be completed shall be required.
      (4)   Fees required under such review and new permit shall be charged according to the fee schedule in effect at the time the new review is requested or new permit is issued.
   (C)   Fees for inspection and testing.
      (1)   Fees for inspection shall be paid to the town at the time a permit is issued for construction work. The fee shall be in the amount established by Council resolution.
      (2)   Any repetition of testing or inspection required because of inferior materials or workmanship, as determined by the Town approved test, shall be performed at the developer's expense and shall be paid to the town by developer when notified by the Public Works Director or his designee. This service does not relieve the developer or the contractor for the discovery of errors, and the correction of them, nor of the responsibility of properly performing the work.
   (D)   Street cleanup fee. A refundable street cleanup fee will be charged to the developer at the time of plan submittal review. The fee will be in an amount established by Town Council resolution. It shall be the developer's responsibility to ensure that town streets are maintained free of construction debris.
      (1)   Town inspectors will provide the developer or contractor with written notice when violations are observed. The developer or contractor shall have four hours, from the time of written notice receipt, to remove the debris. Failure to respond shall result in the levying of an assessment against the fee against the developer in the amount of the town's cost for street cleanup, including an initial administrative charge as set by resolution.
      (2)   Upon subdivision/site build-out and the filing of a notice of termination with the town of Public Works Department, the cleanup fee will be refunded less any charges, including the administrative charge. If the fee was depleted and additional cleanup was required, the outstanding balance will be collected prior to final inspection.
(Ord. 05-12, passed 7-12-2005)