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North Smithfield
Town of North Smithfield Zoning Ordinance
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§ 18.13

Performance bond

Sec. 18.13. Performance bond.

Before approving a SWPPP, the Building Official or his or her designee may require the applicant/owner to file a surety company performance bond or deposit of money or negotiable securities or other method of surety, as specified by the Building Official or his or her designee. When any land disturbing activity is to take place within one hundred feet (100’) of any watercourse or within an identified flood hazard district, or on slopes in excess of ten percent (10%), the filing of a performance bond or deposit of money or negotiable securities or other method of surety as specified by the Building Official or his or her designee shall be required. The amount of the bond, as determined by the Public Works Department, or in its absence, the Building Official or his or her designee, shall be sufficient to cover the cost of implementing all control measures as shown on the plan. The bond or negotiable security filed by the applicant shall be subject to approval of the form, content, amount, and manner of execution by the Public Works Director and the Town Solicitor.

A performance bond for a SWPPP for a subdivision may be included in the performance bond of the subdivision. The posting of the bond as part of the subdivision performance bond does not, however, relieve the owner of any requirement(s) of this ordinance. Section 18.13.1. Notice of default on performance secured by bond.

  • (1) Whenever the Building Official or his or her designee shall find that a default has occurred in the performance of any term(s) or condition(s) of the bond or in the implementation of measures secured by the bond, written notice thereof shall be made to the applicant and to the surety of the bond by the Town Solicitor. The notice shall state the nature of default, work to be done, the estimated cost thereof, and the period of time deemed by the Building Official or his or her designee to be reasonably necessary for the completion of the work.

  • (2) Failure of the applicant to acknowledge and comply with the provisions and deadlines outlined in such notice of default shall mean the institution, by the Town Solicitor, without further notice of proceedings whatsoever, of appropriate measures to utilize the performance bond to cause the required work to be completed by the Town, by contract or by other appropriate means as determined by the Town Solicitor.

  • 18.13.2. Notice of default on performance secured by certified check. If a certified check has been posted by the applicant, notice and procedure shall be the same as provided for in the preceding Section 18.15.2.

  • 18.13.3. Release from performance bond conditions. The performance bonding requirement shall remain in full force and effect for twelve (12) months following completion of the project, or longer if deemed necessary by the Building Official or his or her designee.