Section 11-140 Post Approval Activities
A. Limitation of Approval. Substantial construction of the improvements covered by any site plan approval must be substantially commenced within twelve (12) months of the date upon which the approval was granted. If construction has not been substantially commenced and substantially completed within the specified period, the approval shall be null and void. The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request must be in writing and must be made to the Design Review Board. The Design Review Board may grant up to two (2), six (6) month extensions to the periods if the approved plan conforms to the ordinances in effect at the time the extension can be granted and any and all federal and state approvals and permits are current.
B. Incorporation of Approved Plan. One copy of the approved site plan must be included with the application for the building permit for the project and all construction activities must conform to the approved plan, including any conditions of approval and minor changes approved by the Community Development Director to address field conditions.
C. Improvement Guarantees.
1. Application.
a. Improvement Guarantee - The Town Council may require the posting of an improvement guarantee in such amount and form as specified in subsection 2 below as is reasonably necessary to ensure the proper installation of all off-site improvements required as conditions of approval. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the applicant.
b. Upon substantial completion of all required improvements, the developer must notify the Town Council of the completion or substantial completion of improvements, and must send a copy of such notice to the appropriate municipal officials. The respective municipal officials shall inspect all improvements and shall file a report indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection.
c. The Town Council shall either approve, partially approve, or reject the improvements on the basis of the report of the municipal officials.
d. If the improvements are approved, the guarantee shall be released. Where partial approval is granted, the developer shall be released from liability only for that portion of the improvements approved.
2. Form of Guarantee. Performance guarantees may be provided by a variety of means including, but not limited to, the following which must be approved as to form and enforceability by the Town Attorney.
a. Security Bond-The applicant may obtain a security bond from a surety bonding company authorized to do business in the state.
b. Letter of Credit-The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.
c. Escrow Account-The applicant may deposit cash, or other instruments readily convertible into cash at face value, either with the Town, or in escrow with a bank. Any such account must require Town approval for withdrawal and must stipulate that the Town can withdraw the money upon forty-eight (48) hour advance notice to the applicant to complete the guaranteed improvements.
d. Letter from the financial institution providing funding for the project, indicating commitment to the completion of the project.
D. Submission of As-Built Plans. Any project subject to Site Plan Review must provide the Community Development Director with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These "as-built" plans must be submitted within thirty (30) days of the issuance of a certificate of occupancy for the project or occupancy of the building.
E. Submission of Digital Copies of As-Builts. Where the applicant or their engineers utilize computer aided drafting (CAD) programs to develop the site plan, digital drawing files of the as-builts shall be submitted to the Community Development Director along with printed drawings.
F. Minor Changes to Approved Plans. Minor changes in approved plans necessary to address field conditions may be approved by the Community Development Director provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal.
Any such plans, proposals, and supporting documents, except minor changes that do not affect approval standards, is subject to review and approval by the Design Review Board and the Council.
G. Updates/Phased Site Plans. Site Plans for projects that are approved to be developed in phases must receive P&Z approval initially for all phases of the project, or receive P&Z approval through the full SPR process for an updated Site Plan for each phase as it is proposed to be built. (Prior code § 11-14)