(A) (1) The Development Services Department, building inspection division, shall deny final approval and certificate of occupancy of any building until the required off-site improvements and any on-site public improvements are completed and have been inspected and approved by the Public Works Director, unless performance of the off-site improvements and any on-site public improvements is guaranteed by a performance bond, approved by the Town Attorney and the Public Works Director, or a cash deposit is made with the town in an amount fixed by the town. Under such circumstances, the Public Works Director will grant a conditional acceptance. Warranty period will not begin until the date of final (unconditional) acceptance.
(2) The town may require an occupancy clearance agreement to document the requirements of this section. Model homes may be occupied for sales purposes only subject to the occupancy clearance agreement and satisfactory off-sites to service the models as approved by the town.
(B) Time to complete work. The developer shall complete work required in the approved off-site improvement plans promptly, but in no event more than the time period set forth in the approval of the plans or other documents, after issuance of the conditional acceptance by the Public Works Director.
(C) Bond return.
(1) The performance bond or cash deposit or a portion thereof shall be retained by the town to provide completion of the work should developer fail or refuse to do so as in § 50.08(B).
(2) The performance bond or cash deposit or unused portion thereof shall be returned to the depositor upon the final approval of the Public Works Director after completion and acceptance of the off-site improvements. Acceptance in such cases is conditional upon the remaining work being competed without damage to the off-site improvement so accepted and including any final grade adjustments or other minor work.
(Ord. 05-12, passed 7-12-2005)