(A) If and whenever (pursuant to § 152.055) occupancy, use, or sale is allowed before the completion of all facilities or improvements intended for dedication, then the performance bond or the surety that is posted pursuant to § 152.055 shall guarantee that any defects in such improvements or facilities (that appear within one year after the dedication of such facilities or improvements) shall be corrected by the developer.
(B) Whenever any public facilities or improvements intended for dedication are installed before occupancy, use, or sale is authorized, then the developer shall post a performance bond or other sufficient surety to guarantee that he, she, or they will correct all defects in such facilities or improvements that occur within one year after the offer of dedication of such facilities or improvements is accepted.
(C) (1) An architect or engineer retained by the developer shall certify to the town that all facilities and improvements to be dedicated to the town have been constructed in accordance with the requirements of this chapter.
(2) This certification shall be a condition precedent to acceptance by the town of the offer of dedication of such facilities or improvements.
(D) For purposes of this section, the term DEFECTS refers to any condition in publicly dedicated facilities or improvements that requires the town to make repairs in such facilities over and above the normal amount of required maintenance. If such defects appear, then the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this chapter.
(Ord. passed 12-20-2001) Penalty, see § 152.999