Section 705.1 - Condition of Default
The Town of Middletown shall hold the applicant and surety in default of guarantee should any one or more of the following conditions occur:
A. Failure to meet all specifications for construction or required improvements to the land.
B. Failure to properly notify the Town Engineer or Public Works Director on the beginning and completion of all phases of construction of required improvements to the land.
C. Failure to protect existing improvements and/or properly repair such improvements should any damage occur during the construction within the subdivision.
D. Failure to remove debris from the side and adjacent area immediately and upon completion of construction within the subdivision and/or as directed by the Public Works Director.
E. Failure to complete the required improvements to the land within the time prescribed by these Rules and Regulations.
F. Failure to have all construction properly inspected by the Town Engineer, Public Works Director and/or Tree Warden, as applicable.
Section 705.2 - Certificate of Default
Should any of the conditions cited in Section 705.1 above occur, the Town Engineer, Public Works Director or Tree Warden, as applicable, shall certify, in writing, to the Planning Board that the developer has not complied with the requirements of these Rules and Regulations. The applicable town official(s) shall further certify the extent of non-compliance and the conditions thereof.
Section 705.3 - Execution of Guarantee
The Planning Board shall, under provisions of the General Laws of Rhode Island, Section 45-23-46, as amended, execute only that portion of the guarantee which shall be necessary to correct the deficiency for which the developer and surety are held in default.
Section 705.4 - Payment by Surety
Upon notification to the surety by the Planning Board that the developer has been held in default of guarantee, the surety shall promptly pay to the Town of Middletown that portion of the guarantee which shall be deemed necessary to correct the deficiency for which the developer and surety are held in default.
Section 705.5 - Insurance
The applicant shall be required to provide to the Town insurance sufficient to indemnify the Town of Middletown against any claims for damage to property or personal injury which may occur on the property being subdivided or developed as a result of construction activity required as a condition of approval. Such insurance shall be submitted to the Finance Director for review prior to endorsement of the plat by the Planning Board, and shall remain in full force and effect during the construction period.