A. Limitation of approval. Construction of the improvements covered by any site plan approval shall commence within two years of the date upon which the approval was granted. If construction has not commenced, as determined by the Code Enforcement Officer, within the specified period, the approval shall be null and void. The time period does not run during any appeal of the project approval.
(1) The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request shall be in writing and shall be made to the Planning Board or Staff Review Committee.
(2) The Planning Board or Staff Review Committee may grant up to two one-year extensions to the periods if the approved plan conforms to the ordinances in effect at the time the extension is granted and any and all federal and state approvals and permits are current.
B. Incorporation of approved plan. One copy of the approved and signed site plan shall be included with the application for the building permit for the project, and all construction activities shall conform to the approved plan, including any conditions of approval and minor changes approved by the Planner, Code Enforcement Officer or Town Engineer to address field conditions.
C. Improvement guarantees.
(1) Application.
(a) Improvement guarantee. The Town shall require the posting of an improvement guarantee for an amount adequate to cover 110% of the total construction costs of all required off-site improvements and the following on-site improvements, taking into account the time span of the construction schedule and the inflation rate for construction costs. The amount will be based upon a schedule of values maintained by the Town and based on construction costs of similar projects.
[1] Site preparation, including but not limited to clearing, grading, excavation, blasting, and parking area gravel material.
[2] All stormwater management infrastructure and erosion control and drainage improvements.
[3] Any public or private streets and associated sidewalks and any sidewalks providing access to the site from public or private streets.
[4] Site lighting, landscaping, public amenities, and utilities.
[5] Recreation and open space elements required as part of the approved site plan.
[6] Construction of improvements covered by any site plan approval shall be completed within two years of the date upon which the performance guarantee is accepted by the Town Manager. The developer may request a one-year extension of the construction completion deadline prior to the expiration of the period. Such request shall be in writing and shall be made to the Planner. The Town Manager may require an update to the schedule of values and the amount of the guarantee when accepting an extension of the construction period. If construction has not been completed within the specified period, the Town shall, at the Town Manager's discretion, use the performance guarantee to either reclaim and stabilize the site or to complete the improvements as shown on the approved plan.
(b) Upon substantial completion of all required improvements, the developer shall notify the Town Manager, Public Works Department, Code Enforcement Department and Planning Department of the completion or substantial completion of improvements and shall send a copy of such notice to the appropriate municipal officials. The respective municipal officials shall cause an inspection of 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.
[1] If the improvements are approved, the guarantee shall be released by the Town Manager. Where partial approval is granted, the developer shall be released from liability only for that portion of the improvements approved.
[2] Performance guarantees may be reduced periodically, but in no event more than one time per month. In no case shall the performance guarantee be reduced by less than $10,000 at one time or in any line item where improvements remain to be completed. No performance guarantee shall be reduced to less than 10% of the performance guarantee. The remainder of the guarantee will be released upon completion of the improvements.
(2) Form of guarantee. Performance guarantees may be provided by a variety of means, including, but not limited to, the following, which shall be approved as to form and enforceability by the Town Manager. A performance guarantee shall not expire until released by the Town Manager. The terms shall be for a maximum of two years and shall not expire between October 31 and April 15 of the following year. The Town Manager may approve an extension of up to one year. The amount of the performance guarantee shall be reviewed for sufficiency at the time of the extension.
(a) Security bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in the state. The applicant shall provide evidence that the surety bonding company has a minimum A rating.
(b) Letter of credit. The applicant may provide an irrevocable letter of credit from a bank or credit union. The letter of credit shall be provided in accordance with the Town of Windham's most current template.
(c) Escrow account. A cash contribution to the establishment of an escrow account shall be made by either a certified check made out to the municipality, direct deposit into a savings account, or the purchase of a certificate of deposit. For any account opened by the applicant, the Town of Windham shall be named as owner, and the consent of the Town shall be required for any reduction in the amount of the escrow account.
D. Post-approval construction observations (see § 120-810, Fees).
(1) At least 15 days prior to commencing construction of required improvements, the developer shall notify the Planner, in writing, of commencement of construction so that the planner can cause observations to be made to ensure that all specifications and requirements of the approved plans shall be met.
(2) At least five days prior to commencing construction of required improvements, the developer shall pay the construction observation fees as required in § 120-810G. No building permits shall be issued on the project and no work, including site preparation, shall commence until the fee has been paid. A preconstruction meeting shall be held with Town staff prior to commencing construction.
(3) If the observer finds that any of the required improvements have not been constructed in conformance with the plans and specifications approved by the Planning Board or Staff Review Committee, he shall so report to the Town Manager, Public Works Director, Code Enforcement Officer and Planner. The Planner shall notify the developer of the reviewer's findings and seek confirmation of the developer's intent and time line to remediate the deficiencies.
(a) If the developer is not capable, or refuses, to correct the identified deficiencies, the Town Planner or Town Manager shall notify the bonding company or bank and take all necessary steps to preserve the municipality's rights under the bond, letter of credit or escrow account.
(b) No site plan amendments or new site plans submitted by said developer shall be approved by the Planning Board or Staff Review Committee as long as the developer is in default on a previously approved plan.
(4) Prior to the Town issuing any certificates of occupancy, the observer shall find that all required boundary markers have been installed by a Maine licensed professional land surveyor according to the plans approved by the Planning Board or Staff Review Committee.
E. Submission of as-built plans. Any project involving the construction of more than 20,000 square feet of gross floor area or 50,000 square feet of impervious surface shall provide the Planning Department with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These "as-built" plans shall be submitted in both paper and electronic copies (including any revisions to the GIS information required in § 120-811, Submission requirements) prior to the issuance of a certificate of occupancy for the project or occupancy of the building.
F. Minor changes to approved plans. Minor changes in approved plans necessary to address field conditions may be approved by the Planner, provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal. Any such change shall be approved, in writing, by the Planner. Copies of the approval letter shall be placed in the project file.
G. Amendments to approved plans. Approvals of site plans are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant and conditions, if any, imposed by the Planning Board or Staff Review Committee. Any variation from the plans, proposals, supporting documents, and representations, except minor changes that do not affect approval standards, is subject to review and approval by the Planning Board or Staff Review Committee, as appropriate.
H. Change in ownership. Where there is a change in ownership of a project after approval has been granted, but prior to the release of the performance guarantee, the Town Manager may request new financial capability information, as well as other factors that the Town Manager deems necessary because of changing conditions.
See
Article 8: Site Plan Review for detailed information.
