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Compliance with Conditions

Otis

Cyburbian
Messages
5,165
Points
28
I'm interested in learning about what other communities do to ensure compliance with the conditions of conditional use permits. Do you monitor continued compliance? Inspect periodically? Trust but verify? And what about initial compliance? Do you require inspections?
 

Repo Man

Cyburbian
Messages
2,550
Points
25
We do not issue a final occupancy permit until all of the Plan Commission condtdions are met, this goes for permitted and conditional uses. When they are ready for their final occupancy permit, I go to the site with the apporved site plan and conditions and check to make sure that everything is completed.

Sometimes, if the applicant has completely ignored the conditions, we will not even issue a temporary occupancy permit.

As for long term maintenence, we have a standard condition that says "Lansdacping shall be maintained and replaced as necessary" so if a tree dies, we have that condition to ensure that it is replaced. For other long-term compliance issues we usually have to recieve a complaint or notice the problem oursleves.
 

mike gurnee

Cyburbian
Messages
3,066
Points
30
1. The Zoning Administrator shall review all Conditional Use Permits, except those for which all conditions have been permanently satisfied, upon a complaint or at least every two years in order to ascertain compliance with all of the standards and conditions listed on the permit.

2. If not in compliance with all the standards and conditions, the Zoning Administrator shall report the facts to the Board of Zoning Appeals and the responsible parties, specifying the noncompliance. The BZA shall hold a public hearing on the report, with notice of the hearing furnished to the responsible parties at least one (1) week in advance. If the BZA finds noncompliance, it may revoke the Conditional Use Permit and take necessary legal action to cause compliance or termination of the activity.
 

NHPlanner

Forums Administrator & Gallery Moderator
Staff member
Moderator
Messages
9,885
Points
38
From our regs....plus we have a full time code enforcement officer that is always out verifying compliance. The applicnats pay for our consulting engineer's inspections during construction.

SECTION 6 ASSURANCES FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS

6.01 GENERAL:
a. Under no circumstances shall any site work commence or any building permits be issued until all the conditions of approval have been met, the plan is signed by the Planning Board, a preconstruction meeting has taken place with the Public Works Department, and until all required performance sureties have been posted.
b. OFF-SITE IMPROVEMENTS: Off-Site Improvements: Prior to the Planning Board signing the site plan and prior commencement of any work, the applicant shall post a performance surety to guarantee the completion of off-site improvements.
c. 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.
d. In circumstances that prevent landscaping to be completed (due to weather conditions or other unique circumstance), the Building Department may issue a certificate of occupancy prior to the completion of landscaping improvements, if agreed upon by the Planning & Public Works Departments, when a bond (see forms available from the Public Works Department) and agreement to complete improvements are placed with the Town. The landscaping shall be completed within 6 months from the issuance of the certificate of occupancy, or the Town shall utilize the bond to contract out the work to complete the improvements as stipulated in the agreement to complete landscaping improvements. No other improvements shall be permitted to bond for their completion for purposes of receiving a certificate of occupancy.
e. All performance sureties shall be in the form of the “Hampton Method Letter of Credit” (a copy of which is on file with the DPW) or a cash bond on deposit with the town in an interest bearing account. All Letters of Credit required by these regulations must be posted by a Town approved bank.
f. CO District &No Cut Zones: All Conservation Overlay District Boundaries and other no cut zones indicated on the plans shall be clearly delineated in the field using flagging tape or similar approved methods prior to construction and shall be maintained throughout construction of the project.

6.02 INSPECTION
a. INSPECTION SERVICE FEE AND COSTS:
1. All applicants shall be required to deposit an inspection fee escrow with the Town. This fee shall cover all costs incurred by the Town and the cost of the Town’s designated agent who shall monitor and inspect improvements for compliance with the approved plans and required engineering standards.
2. Escrow shall be determined by the Department of Public Works (DPW) but shall not be more than 5% of the estimated cost of all project related improvements. This estimate shall be provided to the DPW within 30 days of conditional approval of the plans by the Planning Board.
3. 10% of final inspection costs shall be retained by the Town to cover administrative costs.
4. The DPW may contract with consultants for services. The applicant shall be responsible for all costs of all inspections and associated work, and execute a signed agreement and guarantee as required by the DPW.
5. If it is determined that any of the required improvements have not been constructed in accordance with the Town’s construction standards and specifications, the applicant shall be responsible for reconstruction and reinspection of the improvements.
6. Escrow accounts shall be periodically reviewed to assure that sufficient funds are available to cover all inspection costs and additional escrow provided as needed.
7. Upon acceptance of the project and submission of the required as-built site plan, any unused escrow amount shall be returned to the applicant.

b. ARRANGEMENT FOR INSPECTIONS: At least 15 working days prior to commencing construction of any site plan improvements, the applicant shall notify the DPW in writing of the time he/she proposes to commence construction of such improvements and shall pay to the Town the escrow for the inspection fee required by the DPW. The DPW will arrange for inspection by the Town’s agent to assure that all standards, specifications and requirements are met during the construction of the required improvements and utilities. The applicant shall request to schedule a preconstruction meeting with the DPW which is mandatory prior to the start of construction.

c. 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.

d. FAILURE TO COMPLETE IMPROVEMENTS OR ABANDON PROJECT:
1. When a performance bond has been posted and required off-site improvements have not been installed or completed in accordance within the terms of said performance, the Planning Board may declare the project in default and direct the DPW to use the bond to complete all outstanding required improvements.
2. When an applicant fails to complete all required on-site improvements as shown on approved site plans, the Planning Board shall proceed with the Site Plan Revocation process as outlined in Section 7.09d.

6.03 AS-BUILTS
a. The applicant shall submit to the Town Engineer detailed "as-built " plans (electronic as-built file in a form as described in Section 2.05n, mylar reproducible and one paper print) of the site plan. The applicant's engineer shall certify to the Town Engineer that the layout of the line and grade of all public improvements is in accordance with improvement plans of the site plan.
b. When a revision to the approved plan is proposed, the applicant shall submit a print of the approved plan indicating the proposed revision to the Town Engineer. The revision shall be reviewed by the Town Engineer and if necessary the Board. All approved revisions shall be shown on the “as-built” plan required at the completion of the project.

6.04 MAINTENANCE OF OFF-SITE IMPROVEMENTS
a. The applicant shall be required to maintain all off-site improvements until the acceptance of said improvements by the Town.
b. The applicant may request reductions in performance surety prior to final acceptance. However, a minimum 10% retainage on each item shall remain until the final inspection and acceptance of the project by the Department of Public Works. Upon recommendation from the Department of Public Works and acceptance of the project by the Town Council, 2% retainage of the total performance surety, but not less than $7,500, will remain in place in order to assure the satisfactory condition of the required improvements for a period of one year after the date of acceptance by the Town. The financial guarantee shall be in accordance with section 6.01b.
c. The Town Council will not release, nor reduce, an assurance until the Public Works Director has submitted a letter stating that all required improvements have been completed, are ready for dedication to the local government, and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the Town Council shall accept the improvements for dedication.
 

BWharrie

Cyburbian
Messages
74
Points
4
Condition Compliance

Depends on the type of development. We lump land use with building things together as "Development".

Land subdivision - we won't sign and release final subdivision plans for Titles Office registration unless all conditions have been met. Some conditions relate to developer contributions but others may relate to displaying street numbers for each allotment, or documents submitted for easements, or individual water supply, stormwater drainage and sewerage connection.

Signs - don't really chase up unless there is a complaint or senior staff notice the sign. If the sign is big and therefore requires a Construction Certificate then it will be checked as a final inspection by the Building Surveyor.

Landscaping - don't really chase up unless there is a complaint or senior staff notice. Generally don't have the respources to check.

But....if further development is requested on a site then we can negotiate that previous conditions are complied with.

If complaints are received regarding a disregard of consent conditions we:
1. Send a letter requesting a full explanation
2. If that is unsatisfactory or no response or conditions continually disregarded, such as noise limitations, then we send a Notice of Intention to Serve an Order.
3. If the problem persists, then we serve an Order, with non-compliance attracting substantial fines. That usually wakes up the developer.
 
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