§ 150.19. Site restoration secured obligation, required for construction.

(A)

At least ten days prior to the time an application is made for a building permit for any buildings or structures to be constructed within the town, the applicant shall deliver to the town a cash bond or irrevocable letter of credit in a form satisfactory to the town attorney in the sum of $2,500.00, plus two percent of the cost of construction of the entire building as indicated on the application for building permit. No site restoration cash bond, or irrevocable letter of credit shall be required for any project for which the costs of improvements do not exceed $75,000.00; for the construction of any single-family residence, or town-owned government facilities or any governmental facilities to be owned or constructed by the town. The cash bond or irrevocable letter of credit shall guarantee that the site will be either promptly restored to its original state so far as is possible in the event the construction is abandoned or the site secured in order to protect the health, safety, and welfare of the town and its inhabitants. In default thereof, the amount of the security shall be paid, on demand, to the town for its use in effecting the restoration or to secure the building site. Construction shall be deemed to have been abandoned if the applicant, or his successors or assigns, so notifies the planning, zoning and building department, in writing, or if work on the premises ceases prior to the completion of the improvement and is not resumed within 30 days of the expiration or revocation of the building permit. The cash bond or irrevocable letter of credit shall have an expiration date at least one year after the expected construction completion date as reflected on the building permit application.

(1)

Permits for tree removal, clearing of the land (except debrushing), excavation, grading or installation of utilities shall not be issued nor undertaken in areas beyond the limits of the area necessary for the construction of the building for which a permit has been issued. The building official shall determine, in writing, the limits of the area necessary for the satisfactory completion of the permitted work, and such determination shall be deemed a condition of the permit. The necessary construction area shall be fenced to avoid damage to other areas.

(2)

Except as provided in subsections (a) and (b), below, temporary use permits shall not be issued prior to issuance of a building permit for construction.

(a)

Temporary use permits for real estate sales offices may be allowed prior to construction of the underlying project, subject to site restoration guarantee requirements in section 150.19 (A) above, regardless of the cost of improvements, for certain qualifying projects meeting all of the following criteria:

1.

The property exceeds five acres;

2.

The underlying project has a minimum of 40 multi-family units; and

3.

The underlying project has received approval, per a signed development order, resolution, or ordinance.

(b)

Temporary real estate offices that are permitted prior to construction of the underlying project shall terminate on the earlier to occur of:

1.

The date that the certificate of occupancy of the underlying project has been issued;

2.

The abandonment of the underlying project;

3.

The expiration of one year from the date of issuance of the temporary use permit, unless extended by the planning and zoning department (which extensions may be issued in increments not to exceed six months).

(B)

In the event the applicant, his successors, or assigns fail to restore or secure the site prior to abandonment, the town shall notify the applicant and his guarantor, or security agent, as the case may be, by certified mail, addressed to the last address furnished by the parties to the town, demanding performance or the deposit of the guarantee sum. Not later than ten days after the posting by the town of the demand, the applicant or his guarantor, or security agent shall deposit in the office of the planning, zoning and building department the sum demanded by the town, either the estimated cost of restoring the site to its original condition as nearly as possible or the full sum of the secured obligation in the event the restoration costs or cost to secure the building site would exceed the amount of the security or if restoration is impossible or impracticable.

(C)

In the event there is a surplus in the deposit made on the town's demand, after restoration of the site, the town shall refund to the depositor the surplus after costs and expenses. If the amount received by the town is insufficient to restore the site, the applicant shall not be relieved of his obligation to complete the improvement or restore the site and the applicant shall, upon further demand by the town, deposit the additional amount necessary to restore the site.

(D)

Nothing contained herein shall prohibit the town from seeking any and all remedies available to it under local, state or federal law.

('71 Code, § 6-9.5; Ord. 77-25, passed 1-4-78; Amd. Ord. 85-4, passed 6-3-85; Amd. Ord. 85-11, passed 9-9-85; Amd. Ord. 86-12, passed 6-5-86; Amd. Ord. 93-22, passed 9-27-93; Amd. Ord. 95-25, passed 1-8-96; Amd. Ord. 98-24, passed 7-16-98; Amd. Ord. 04-12, passed 7-12-04; Ord. 2019-02, § 4, passed 3-4-19)

Cross reference

Suspension or abandonment of construction invalidates building permit, § 150.40.