§ 86-10. Performance guarantee.

A. 

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.

B. 

Maintenance guarantee. Stormwater management and erosion and sediment control facilities operated and maintained by any person that owns or manages a commercial or industrial facility, prior to construction may be required to provide the Town of Brookhaven with an irrevocable letter of credit from an approved financial institution or surety, or other approved security, to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If any person fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Brookhaven may default the security in order to cover the costs of proper operation and maintenance, including engineering and inspection costs.

C. 

Recordkeeping. Any person operating or maintaining a stormwater management facility shall maintain records demonstrating compliance with this chapter.