A.
Prior to the approval of any land development, development plan review or subdivision plan, and prior to the recording of any subdivision plat, the permitting authority shall approve agreements with the developer for the completion of all required improvements specified in Article X. Such agreements shall take the form of one of the following:
B.
Where improvements are constructed without a financial guaranty, the work is to be completed prior to final approval and recording. All construction shall be inspected and approved under the direction of the Director of the Barrington Department of Public Works according to the procedures contained in § 200-55.
C.
In the cases of developments which are being approved and constructed
in phases, the permitting authority shall specify improvement guarantee
requirements related to each phase.
A.
Improvement guaranties shall be in an amount and with all necessary
conditions to secure for the Town the actual construction and complete
installation of all required improvements, within the period specified
by the permitting authority. The amount shall be based on actual cost
estimates for all required public improvements, and these estimates
shall be reviewed and approved by the permitting authority. The permitting
authority may fix the guaranty in a reasonable amount in excess of
the estimated costs to anticipate for economic or construction conditions.
B.
The security shall be in the form of a certified check or irrevocable
letter of credit from a financial institution insured by the Federal
Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance
Corporation (FSLIC) or National Credit Union Association (NCUA), payable
to the Town Treasurer. Said check or letter of credit will be in the
possession of the Town of Barrington, and shall be held by the Town
Treasurer until released by the Planning Board.
C.
In addition to the surety guaranteeing the installation of water
service, the developer must submit to the Administrative Officer a
letter addressed to the Board from the Bristol County Water Authority,
or its successor, stating that a contract has been executed between
the Water Authority and the developer for the installation of water
service as required.
D.
In place of the securities noted above, the developer may submit
a savings bank book showing a balance as required by the permitting
authority, with the Town of Barrington being the authorized signature
on the account. In the event of default by the developer, the permitting
authority may authorize the allocation of interest to the Town for
the purpose of securing funds for the increased costs of the public
improvements.
E.
The Town shall hold the developer and surety in default of guaranty
should one or more of the following occur:
(1)
Failure to meet all specifications for construction of required improvements
to the land;
(2)
Failure to properly notify the Director of the Department of Public Works of the initiation and completion of all phases of construction, or to obtain the necessary inspections, as required in § 200-55;
(3)
Failure to protect existing improvements and/or properly repair such
improvements should damage occur during construction; or
(4)
Failure to complete required improvements to the land within the
time prescribed, or within any extension granted by the permitting
authority.
F.
Upon notification of default by the Director of the Department of
Public Works, the Planning Board shall take appropriate action against
that portion of the surety necessary to correct the deficiencies for
which the developer is deemed to be in default, and shall cause the
required improvements to be completed in a satisfactory manner.
A.
Work notification. The Director of the Department of Public Works
shall be notified, in writing, at least three days prior to the commencement
of any of the following work:
(1)
Installation of drainage, water or sewer facilities.
(2)
Application of materials for subbase.
(3)
Application of gravel in or above subbase, or in sidewalks.
(4)
Installation of curbing or bounds.
(5)
Application of bituminous concrete.
(6)
Application of loam for berm, or removal or application of material
for slopes.
(7)
Installation of oil or other binding materials.
B.
Inspection. The Director of the Department of Public Works, their designee or the Town Engineer, should one be appointed, will, upon proper notification, inspect the development during the process of construction or site preparation and shall not be limited to the phases listed in Subsection A above. The Director or Town Engineer shall have the authority to require performance by the developer or their contractor in accordance with the plans and specifications approved by the permitting authority. In no instance shall any action or omission of the Director or the Town Engineer relieve the developer or their contractor of the responsibility of proper completion of the work as approved by the permitting authority.
C.
Payment for inspection. The Department of Public Works will invoice
the developer for inspections, based upon the current fee schedule
set by the Department and approved by the Town Council, and payment
shall be received by the Town of Barrington before final certification
of satisfactory completion by the Department.
D.
Partial release of security. The permitting authority may approve
partial release of the security prior to the final completion of the
public improvements, in response to the partial completion of such
improvements, and following the inspection and acceptance of the work
by the Department of Public Works.
E.
Request for acceptance of streets. Upon completion of the public
improvements, a request for the acceptance of streets and their appurtenances
must be made in writing to the Director of the Department of Public
Works. This request must be accompanied by a written description of
distances and bearings (running closure) of each street. At least
20% of the total value of the security shall remain until the Barrington
Town Council has accepted all streets within the development or subdivision.
F.
As-built drawings. Upon the completion of construction and the installation
of all required improvements, the developer shall furnish one complete
set of as-built drawings of such improvements to the Director of the
Department of Public Works.
The permitting authority shall require a maintenance guaranty
to be provided for a one-year period subsequent to completion, inspection
and acceptance of any required improvement, unless there are extenuating
circumstances.
