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Thread: Finishing construction

  1. #1
    Cyburbian Tom R's avatar
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    Finishing construction

    We have one community that has had problems with partially constructed buildings that stay that way for extended periods of time and become eyesores. Accepting that a partially constructed building meets health department and other public safety requirements, is anyone aware of a means to address this problem?
    WALSTIB

  2. #2
    Cyburbian Jeff's avatar
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    Require an escrow prior to consruction.

  3. #3
    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    Quote Originally posted by Jeff View post
    Require an escrow prior to consruction.
    Exactly.

    ON-SITE IMPROVEMENTS: All site plans shall be required to submit an erosion control and site restoration bond, in an amount and form determined by the Department of Public Works, prior to commencing construction on the site. Also, in accordance with NH RSA § 676:13, no certificate of occupancy shall be issued by the Building Department until all on-site improvements specified on the approved site-plan are completed and inspected in accordance with section 6.02.

    and

    PROPER INSTALLATION OF IMPROVEMENTS: If the Town or the Town’s agent finds, upon inspection of the improvements performed before the expiration of any security, that any of the required improvements have not been constructed in accordance with approved plans and specifications of any conditions of approval of the Planning Board, the status shall be reported to the DPW. The DPW shall then notify the Applicant, and if necessary, the bonding company or escrow agent and take all necessary steps to preserve the Town’s rights under the bond or agreement. No plan shall be certified (signed by the Planning Board for final approval) by the Planning Board, nor shall a Certificate of Occupancy by issued by the Building Department, as long as the applicant is in default on a previously approved subdivision or site plan.
    "Growth is inevitable and desirable, but destruction of community character is not. The question is not whether your part of the world is going to change. The question is how." -- Edward T. McMahon, The Conservation Fund

  4. #4
    Cyburbian Tom R's avatar
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    bonds

    Most if not all jurisdictions require bonds on "improvements." But it's the actual finishing of building construction that seems to be a problem.
    WALSTIB

  5. #5
    Quote Originally posted by Jeff View post
    Require an escrow prior to consruction.
    No can do in Indiana -- bonds or irrevocable letters only for public improvements.

    We require all buildings, including during construction, to be "secure", but enforcement is sketchy and difficult.

  6. #6
    BANNED
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    Security above all!

  7. #7
    Cyburbian Plan 9's avatar
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    At least in the UBC, building permits expire if they are not making progress. Its not much, but they have to pass an inspection something like every six months to keep the permit active (they can get extensions though). Anyway, if the permit expires, you could pursue it as a public nuisance (unsafe structure since it isn't finished).
    "Future events such as these will affect you in the future."

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