(A) General procedure. If the Administrator finds upon inspection per § 153.022(F)(2)(a) and § 153.023(G)(2)(a) that any of the improvements have not been constructed in accordance with the approved construction plans, the applicant shall be responsible for completing the public improvements according to such plans. Where the cost of the public improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the public improvements according to specifications.
(B) Release or reduction of performance bond.
(1) Certificate of satisfactory completion. The town shall not accept required public improvements, nor the Commission release nor reduce a performance bond, until the town has submitted a certificate stating that all required public improvements or a pro rate parti in the case of a reduction have been satisfactorily completed. The applicant engineer or surveyor shall provide the town with detailed “as built” construction plans of the public improvements, indicating location, dimensions, materials, and other information required by the Commission. Upon such certification, the town shall thereafter accept the public improvements for maintenance in accordance with the established procedures.
(2) Reduction of performance bond. A performance bond shall be reduced upon actual acceptance of public improvements and then only by the amount originally estimated for the completion of the public improvements.
(Ord. 174, § 501, passed 6-11-90)