ARTICLE 7 - IMPROVEMENT AND MAINTENANCE GUARANTEES
7.1 Improvement guarantees
An improvement guarantee is cash, a bond, or another security instrument submitted to the Town to ensure that a subdivision or land development project will be completed according to the approved plans and in compliance with these regulations.
7.1.1 As part of the preliminary plan application, the applicant shall submit a written statement of intention to complete the required public or private improvements before the plat is recorded, to provide an improvement guarantee, or to construct some improvements and provide a security guarantee for others.
7.1.2 The Public Works Director or designee shall prepare an estimate of the actual cost to complete the improvements for which an improvement guarantee will be provided. A reasonable amount may be added to the total to cover anticipated cost increases. The estimate shall be submitted to the Administrative Officer, who shall notify the applicant of the amount and give the applicant an opportunity to submit an alternate estimate if the applicant disagrees with the Public Works Director’s estimate.
7.1.3 The improvement guarantee shall be in an amount sufficient to enable the Town to complete the improvements and facilities in a subdivision or land development project in compliance with the approved plans and these regulations, and accomplish the non-structural conditions of approval, if the developer does not do so. The type and duration of the guarantee shall achieve this objective without adding unnecessary cost to the project. The guarantee must be in a form that would permit the Town to obtain the funds in a timely manner. The Finance Director shall approve the type and duration of the guarantee.
7.1.4 Construction and installation of improvements shall take place as required by Article 14 of these regulations. The Public Works Director or a consulting engineer retained by the Town shall inspect and approve all work. When construction and installation is complete, the applicant shall submit to the Administrative Officer two sets of as-built drawings on paper, and a digital image file in jpg format or another format approved by the Administrative Officer depicting all public improvements except landscaping, prepared by a professional engineer licensed in Rhode Island.
7.1.5 When all construction and installation required by the approved plan has been completed and inspected, the Public Works Director shall certify in writing to the Administrative Officer that the improvements are acceptable to the Town. The Administrative Officer shall send a copy of the certification to the applicant. If the Public Works Director is asked to certify construction as complete but finds deficiencies in the work or deviations from the approved plan or from the requirements of these regulations, the Public Works Director shall submit to the Administrative Officer, in writing, a description of the deficiencies or deviations. The Administrative Officer shall send a copy to the applicant.
7.1.6 When the applicant has received the certification of completion and inspection issued by the Public Works Director, the applicant may make a written request to the Administrative Officer for release of the improvement guarantee. The Planning Board shall approve the release upon confirmation that the applicant has submitted to the Administrative Officer the as-built drawings and images required in Section 7.1.4.
7.1.7 While work is underway, the applicant may request partial release of the improvement guarantee. The Planning Board may approve such a request if the Public Works Director approves it in writing.
For a subdivision or land development project
s that is constructed in phases, the Planning Board shall approve separate improvement guarantees for each phase. If off-site improvements or other improvements or conditions not directly related to a phase are required, the Planning Board shall approve one or more separate guarantees for each improvement.
7.2 Maintenance guarantees
A maintenance guarantee is cash, a bond, or another security instrument in an amount sufficient to enable the Town to repair or replace public improvements in a subdivision or land development project that require repair or replacement during the one-year period after the improvements have been constructed or installed or the improvement guarantee has been released.
7.2.1 For a development in which improvements are constructed after the plat or plan is recorded, an applicant shall provide a maintenance guarantee equal to ten percent (10%) of the amount of the improvement guarantee. The maintenance guarantee shall be provided when the improvement guarantee is released.
7.2.2 For a development in which improvements are constructed before the plat or plan is recorded, the Public Works Director or designee shall prepare an estimate of the actual cost to complete all construction and installation required by the approved plan. The Planning Board shall approve a maintenance guarantee in an amount equal to ten percent of the cost of all improvements. The applicant shall provide the maintenance guarantee before the plat or plan is recorded.
7.2.3 The Finance Director shall approve the type and duration of the maintenance guarantee.
7.2.4 At the end of the one-year maintenance period, the Director of Public Works or designee shall inspect all improvements subject to the guarantee and shall inform the Administrative Officer in writing whether any of the improvements require repair or replacement and if so, whether the damage or failure is the fault of the applicant or developer. The Administrative Officer shall send a copy to the applicant.
7.2.5 If repairs or replacements are necessary, the Administrative Officer shall request, in writing, that the applicant make the necessary repairs or replacements. If the damage or failure was the fault of the applicant or developer, and the applicant or developer does not make the repairs or replacements within one year of the request, the Town has the authority to spend as much of the funds provided by the maintenance guarantee as necessary for repairs or replacements. The applicant may request return of the balance in writing.
7.2.6 If no repairs or replacements are necessary, the applicant may make a written request to the Administrative Officer for release of the maintenance guarantee. The Planning Board shall approve the release.
7.2.7 The Planning Board has the authority to establish a maintenance period longer than one year in extenuating circumstances. The reason for the longer period must be recorded in writing and made a part of the record.
(Adopted 9/9/03, amended 8/11/09, 10/27/15, 4/25/17)