102-1270. Performance guarantees for required improvements., Division 4. Nonresidential Development Standards – Route 1 South Commercial, Searsport Avenue Commercial, Searsport Avenue Waterfront, Route 141 and Mill Lane Commercial, Route 137 Commercial Districts, Article IX. Performance Standards, Chapter 102. Zoning, Subpt. B. Land Use Regulations, Code of Ordinances, Belfast

(1)

Site restabilization. An applicant that is disturbing more than 20,000 square feet of land in any area of the City, or any amount of land in a sensitive area, such as in the Shoreland Zone, shall post an escrow account or irrevocable letter of credit with the City to pay the estimated cost equal to City expenses to regrade, stabilize, reseed, or revegetate a site disturbed by construction activities if the project is not completed. Escrow funds shall be deposited in an account established specifically for this project. The guarantee is subject to release by the City upon a written finding from the code enforcement officer or City engineer that all plan requirements have been satisfied and an occupancy permit issued. The City may expend funds from the guarantee upon a written determination from the code enforcement office or City engineer that project activities, such as site clearing and grading, have been started, but no further construction activity has occurred. A City decision to expend funds only will be made sooner than one year after issuance of the building permit if the code enforcement officer or City engineer determines the applicant's failure to restabilize the site will result in significant adverse impacts on the site or surrounding properties.

(2)

Public improvements. An applicant that is required to make improvements to public facilities and infrastructure as a condition of project approval shall post a performance guarantee that consists of one of the following:

The applicant enters a binding agreement with the City such that a building permit shall not be obtained until all public improvements are constructed to the requirements identified on the approved plan. The code enforcement officer or City engineer shall submit a statement in writing to the City manager certifying that all improvements have been completed. The City manager, upon receipt of such certification, may determine that terms of the binding agreement have been satisfied, and that the guarantee should be released, and that a building permit may be granted by the code enforcement officer.

The applicant shall post an escrow account, performance bond, or irrevocable letter of credit with the City equal to 125% of the cost of constructing all required public improvements. The guarantee shall be posted prior to any construction activities commencing on the site. This guarantee shall not be released and no occupancy permit shall be issued until the code enforcement officer or City engineer submits a statement to the City manager certifying that all improvements have been completed. The City manager, upon receipt of such certification, may determine that the terms of the performance guarantee have been satisfied, and that the guarantee should be released, and an occupancy permit may be granted by the code enforcement officer. The City may expend funds from the escrow account, performance bond, or irrevocable letter of credit upon a written declaration from the code enforcement officer or City engineer that the required improvements have not been satisfactorily completed. The City shall provide the applicant a minimum of 15 days of advance notice in writing prior to any City expenditure of the performance guarantee.

(3)

Nonpublic improvements. An applicant that is required to make on-site nonpublic improvements as a condition of approval on a use permit shall not be issued an occupancy permit by the code enforcement officer until all nonpublic improvements are constructed to the standards identified on the approved plan. The code enforcement officer may require an applicant to provide a certificate from a civil engineer or to pay the cost of City engineer to certify that all improvements have been constructed to the standards identified on the approved plan.