Builders with Outstanding Development "Issues"

[Seabishop]

Do any of your Planning or Zoning Boards have a policy of refusing to hear applications from developers who have outstanding development issues? For example, a developer who applies for one project while he has outstanding issues on another (not building according to plan etc.) and not rectifying the problem after being warned by the town.

How about refusing to hear ZB applications from owners who are delinquent on taxes or have housing code violations?

As a more general question: How much does "builder reputation" come into play with land use decisions, and where is the ideal balance between common sense enforcement against bad builders and maintaining a fair playing field?

 

[Repo Man]

We don't go so far as to tie action (or non-action) based on issues on a different parcel. We have tied approvals to remediation of outstanding issues on that property. For example if you don't fix the damaged fence we have been nagging you about, you will not recieve your permit for your new addition.

I think that performance bonds are the best route...that way you are not punishing one property/business owner because their chosen contractor or developer was not fufulling the conditions of approval on another property.

 

[ludes98]

Only with respect to the same property have I run into this. I love seeing title reports with recorded code compliance notices/liens!

 

[Cardinal]

We have discussed the possibility of withholding occupancy permits, but have done nothing definitive yet.

 

[mike gurnee]

In one past community, we would not hear board petitions if there were outstanding taxes owed. I went along with that. The mentioned "developer issues" I would not agree with. Each of those should be prosecuted on their individual merits.We have however "conditioned" occupancy permits on completing the screening and such.

Be careful with housing code violations. They are only accusations until prosecuted.

As for the last Seabishop point, if enforcement is fair and reasonable, the bad builders will quickly become noticed. Builder reputation should have NO part in the professional recommendations and deliberations...let the pubic do that for you in the hearing process.

 

[BKM]

We don't generally do this legally/formally/officially, but we do try to communicate with developers the need to be in compliance on other projects in order to be in "our good graces"

One recent case, however: We allow temporary car sales on surplus parking lots at commercial properties. A regional used car dealer came to town, violated our sign ordinance and the conditions of his permit, was cited, and was told that he will not be coming back to town.