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(B) Improvements shall include construction of all streets, sidewalks, utilities, and grading as required to properly develop the building lots. Improvements shall be performed to the satisfaction of the Town Building Inspector or the designee of the Plan Commission.
(Ord. 2005-5, passed 6-7-2005)
(A) At the discretion of the Commission, the requirements for completion of improvements as described above may be waived provided that the subdivider shall post a performance bond in an amount equal to 100% of the cost of any improvements remaining to be completed. The cost of such work shall be determined or ascertained by the Town Engineer in coordination with the Building Inspector, and recommended to the Commission, based on a reasonable estimate of construction costs. The bond shall be securable to the town and is intended to provide reasonable assurance to the town of the satisfactory construction of the uncompleted portion of the required public improvements. Under the provisions of accepting a performance bond, the town shall require the applicant to enter into a contract guaranteeing completion of all public improvements within one year of posting of the bond.
(B) In lieu of a performance bond, the applicant may provide the town with a certified check, in an amount equal to 100% of the estimated cost of completion of the uncompleted portion of required public improvements.
(C) In the event of unforeseen circumstances, an additional time period for development beyond the one year requirement may be negotiated.
(D) A performance bond furnished pursuant to this chapter shall comply with all statutory requirements and shall be satisfactory to the Town Attorney as to form, sufficiency, and manner of execution as set forth in this chapter.
(Ord. 2005-5, passed 6-7-2005)
The Zoning Board of Appeals may grant a variance to this chapter where, by reason of the unusual shape of a specific piece of property, or where, by reason of exceptional topographical conditions, the strict application of these regulations would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that such relief may be granted without detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting such variances or modifications, the Plan Commission may require such conditions as will substantially secure the objectives of the standards or requirements so varied or modified. Financial disadvantage to the property owner is not proof of hardship within the purpose of this chapter.
(Ord. 2005-5, passed 6-7-2005)
ADMINISTRATION
(A) When the construction plans have been approved as provided in this chapter, the subdivider shall first notify the Town Building Inspector (or the appropriate agent) of his or her intention to proceed with the construction and installation of improvements. Notification shall be made at least 48 hours before any such construction or installation shall commence so as to give the Building Inspector (or the appropriate agent) an opportunity to inspect the site prior to commencement of work and to inspect installation or construction of said streets and improvements during the course of work being performed. The subdivider will be charged an inspection fee of $50 per lot, based on the number of lots approved in the preliminary plat.
(B) The Building Inspector (or the appropriate agent) shall have the right to periodically inspect the required improvements during construction to ensure their satisfactory completion in accordance with the approved plans.
(C) If the Building Inspector (or the appropriate agent) finds upon inspection that any of the required improvements have not been constructed in accordance with the accepted plans, construction standards, and specifications, the subdivider shall be responsible for removal and replacement of said improvements. Whenever the cost of improvements is covered by a performance bond, the subdivider and the bonding company shall be severally and jointly liable for completing the improvement according to specifications.
(Ord. 2005-5, passed 6-7-2005)
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