Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Stormwater
Management Officer in his/her approval of the stormwater pollution
prevention plan, the SMO may require the applicant or developer to
provide, prior to construction, the required security, in the form
of a performance bond, cash escrow, or irrevocable letter of credit
from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Town of Brookhaven
as the beneficiary. The security shall be in an amount to be determined
by the Town of Brookhaven based on submission of final design plans,
with reference to actual construction and landscaping costs. The performance
guarantee shall remain in force until the surety is released from
liability by the Town of Brookhaven, provided that such period shall
not be less than one year from the date of final acceptance or such
other certification that the facility(ies) has been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to
be acceptable to the Town of Brookhaven.