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Town of Smithfield
Land Development & Subdivision Regulations
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§ VI-B

Guarantees of Performance

Land Development and Subdivision Review Regulations Town of Smithfield, RI

  1. Street Trees. Where natural growth is insufficient, the Planning Board shall require the developer to plant trees appropriate to the terrain, soil, and climatic conditions encountered in the development. Said tree types shall be specified in quantity and type by the Smithfield Conservation Commission. All trees located at least 5' (five feet) outside the street rights-of-way shall be preserved wherever possible.
  2. Screening. Where a proposed residential development abuts an existing or proposed commercial or industrial area, a dense evergreen buffer of at least 10' (ten feet) in depth, or other tree type and/or depth as required by the Planning Board, shall be planted along the common boundary between the residential development and such commercial or industrial development.
  3. Oversized Improvements. The developer may negotiate with the Town Council for reimbursement of additional expenses incurred in the construction and installation of oversized improvements which are required by the Planning Board, Director of Public Works, Municipal Engineer, Water District(s), and/or Sewer District(s).
  4. Underground Utilities. All electric, telephone, and cable services shall be installed underground in conformity with rules and regulations in effect with the respective utility companies. In all new developments where utilities are being installed underground, provision shall be made for street lighting connections. Lighting plans shall be reviewed by the appropriate utility and the Planning Board.

ARTICLE B. GUARANTEES OF PERFORMANCE

  1. Definition and Purpose.
    1. An "Improvement Guarantee" is a security instrument accepted by the Town to ensure that all improvements, facilities, or work required by these Regulations or as a condition of approval of a subdivision plan by the Planning Board will be completed in compliance with the approved plans and specifications.
    2. Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility and other physical improvements and maintenance of required street, utility and other physical improvements and to ensure compliance with other nonstructural conditions of final plat approval (if any). The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the subdivider.
  2. General Procedures.
    1. Before final plan approval of any land development or subdivision plan, the developer must secure the agreement of the Planning Board to approve agreements for the completion of all required improvements. Such agreements may take the form of
      1. completion of actual construction of all improvements;
      2. improvement guarantees, or
      3. a combination thereof.
    2. At the preliminary plan review stage, the developer shall submit either of the following:
      1. a letter to the Planning Board indicating his/her intent to complete the required improvements prior to the recording of the final plan; or
      2. a letter requesting that security sufficient to cover the cost of required improvements be established by the Board.
    1. If improvements are to be constructed without a financial guarantee, all work shall be completed prior to final approval. Inspections shall be made by the Municipal Engineer and Public Works Department at all required stages of construction as specified herein. Upon completion of all required improvements, the Administrative Officer shall certify in writing of such completion and a copy of shall be provided to the developer upon request. The final plat shall be signed by the appropriate Planning Board or Town official and the plat shall be recorded at which time the lots within the development may be transferred or sold.
    2. If improvements are to be guaranteed, the provisions of Paragraph 3 of this Section shall apply.
  3. Procedures for Financial Guarantees.
    1. Amount.
      1. Improvement guarantees shall be in an amount and with all necessary conditions to secure for the Town the actual construction and complete installation of all of the required improvements, and the satisfactory completion of all conditions of final approval within the time periods required for completion provided herein.
      2. The amount shall be based upon actual cost estimates which would be required for the Town to complete all improvements required as a condition of final approval. These estimates shall be prepared by the applicant for review by the Municipal Engineer and the Administrative Officer. The Municipal Engineer and Administrative Officer may revise the estimates as necessary and prepare a recommendation for the Planning Board.
      3. The Planning Board shall review the improvement guarantee recommendation of the Municipal Engineer's and Administrative Officer and set the final improvement guarantee amount.
      4. The Planning Board may set the guarantee in a reasonable amount in excess of the estimated costs in order to anticipate for increases in economic or construction conditions. However, the amount of such increase shall not exceed 120% (one hundred and twenty percent) of the estimated costs of improvements as recommended by the Municipal Engineer and Administrative Officer.
      5. At the expiration of the guarantee period, if all required improvements are not complete, the Planning Board shall review the status of improvements and may implement one of the following actions:
        1. require the developer to extend the duration of the entire improvement guarantee;
        2. reduce the amount of the improvement guarantee to cover the estimated costs of remaining improvements; or
        3. authorize the Administrative Officer to take the steps necessary to ensure completion of the remaining work by using improvement guarantee funds.
      6. If at any time during the guarantee period the procedures, implementation measures, methods, materials, and/or schedules of construction are determined by the Planning Board not to be in compliance with the approved plans, the Board may, after proper notification to the applicant, authorize the use of improvement guarantee funds to insure proper compliance.
    2. Form and Amount of Guarantee. The developer shall submit to the Planning Board an Improvement Guarantee in the form required by the Planning Board and based upon the recommendation of the Finance Director. Said Guarantee shall be payable to the Town of Smithfield.
    3. Conditions.
      1. Establishment of Reliability. The Finance Director shall establish the reliability of the person, persons, or company furnishing the required Improvement Guarantee to the developer.
      2. Binding Agreement. Acceptance of the required Improvement Guarantee by the Planning Board, Certification by the Finance Director of the receipt of such guarantee(s), and the recording of such action in the minutes of the Planning Board Meeting shall constitute a binding agreement between the Principal, Surety, and the Town of Smithfield.
    4. Duration and Release of Guarantee.
      1. Term of Duration of the required Improvement Guarantee shall begin with the date of acceptance of such instrument of guarantee by the Planning Board.
      2. Expiration. The required Improvement Guarantee shall be conditioned on the faithful completion of construction and installation of required improvements to the land within a period of one (1) year. Said Guarantee shall have a minimum expiration date of one (1) year after Page 51 Land Development and Subdivis