Skip to main content
Loading…
This section is included in your selections.

The approving agency may place conditions upon issuance of a permit, which it deems necessary and proper to ensure that a policy will be implemented in the manner indicated in the application or a modification thereto. Said conditions shall be listed on the development permit. The conditions may consist of one or more but are not limited to the following:

A. Development Schedule: The conditions may place a reasonable time limit on any activities associated with the proposed development, or any portion thereof, to prevent speculation in permits, to enable new application or revisions to come forward for infeasible developments, or to implement other policies.

B. Use: The conditions may restrict the future use of the proposed development to that indicated in the application and similar uses.

C. Homeowners' Association: The conditions may require that if a homeowners' association or merchants' association is necessary or desirable to hold and maintain common property, that it be created prior to issuance of a permit.

D. Dedications: The conditions may require conveyances of title or easements to the town, public utilities or the homeowners' association for purposes related to the public health, safety and welfare, which may include land and/or easements for parks, utilities, schools, roads, transit, etc. They may require construction to public standards and then dedication of public facilities to serve the development and the public.

E. Construction Guarantees: The conditions may require the depositing of certified funds with the town clerk, the establishment of an escrow fund, the depositing of an irrevocable letter of credit, the posting of a bond or other surety or collateral (which may provide for partial releases), to ensure that all construction features required by policy are in fact constructed as represented and approved. When a building permit is issued the town may require a monetary guarantee that the site will be revegetated to its original condition if the project is abandoned after construction has commenced.

F. Commitment Letter: The conditions may require a letter from utility and public agencies indicating the feasibility of service and legally committing it to serve the development.

G. Indemnification/Covenants: The conditions may require the recording of covenants and/or deed restrictions on the subject property, or the indemnification of the town in certain instances.

H. Public Improvements: The conditions may require the installation of public improvements or participation in a special assessment district for the installation of public improvements within, adjacent or contributing to the project.

I. Additional Plans: The conditions may require that additional plans or engineered revisions to site, drainage, or utility plans be submitted to the town and approved prior to issuance of a building permit or issuance of a certificate of occupancy, whichever is applicable. (Ord. 19, Series 1988)