Title 45
Towns and Cities

Chapter 23
Subdivision of Land

§ 45-23-46. General provisions — Construction and/or improvement guarantees. [Effective until January 1, 2025.]

(a) The local regulations shall require planning board approval of agreements for the completion of all required public improvements prior to final plan approval in the form of (1) completion of actual construction of all improvements, (2) improvement guarantees, or (3) combination thereof.

(b) Where improvements are constructed without a financial guarantee, the work is to be completed prior to final approval. All construction shall be inspected and approved under the direction of the administrative officer and according to local regulations.

(c) Improvement guarantees shall be in an amount and with all necessary conditions to secure for the municipality the actual construction and complete installation of all the required improvements, within the period specified by the planning board. The amount shall be based on actual cost estimates for all required public improvements and these estimates shall be reviewed and approved by the planning board. The board may fix the guarantee in a reasonable amount in excess of the estimated costs to anticipate for economic or construction conditions. Local regulations may include provisions for the review and/or upgrade of guarantees.

(d) The security shall be in the form of a financial instrument acceptable to the approving authority and shall enable the municipality to gain timely access to the secured funds, for cause.

(e) The local regulations shall establish procedures for the setting of improvement guarantee amounts, for inspections of improvements, for acceptance of improvements by the municipality and for the release of the improvement guarantees to the applicant. Procedures may include provisions for partial releases of the guarantees as stages of the improvements are completed, inspected and approved under the coordination of the administrative officer and reported to the planning board.

(f) In the cases of developments and subdivisions which are being approved and constructed in phases, the planning board shall specify improvement guarantee requirements related to each particular phase.

(g) The planning board may also require maintenance guarantees to be provided for a one year period subsequent to completion, inspection and acceptance of the improvement(s) unless there are extenuating circumstances.

(h) Procedures for the acceptance of required improvements shall stipulate that all improvements, once inspected and approved, shall be accepted by the municipality or other appropriate municipal agency for maintenance and/or part of the municipal system.

(i) The municipality is granted the power to enforce the guarantees by all appropriate legal and equitable remedies.

§ 45-23-46. General provisions — Construction and/or improvement guarantees. [Effective January 1, 2025.]

(a) The local regulations shall require approval of the permitting authority of agreements for the completion of all required public improvements prior to final plan approval in the form of: (1) Completion of actual construction of all improvements; (2) Improvement guarantees; or (3) Combination thereof.

(b) Where improvements are constructed without a financial guarantee, the work is to be completed prior to final approval. All construction shall be inspected by the appropriate town staff or agents in a timely manner and approved under the direction of the administrative officer and according to local regulations.

(c) Improvement guarantees shall be in an amount and with all necessary conditions to secure for the municipality the actual construction and complete installation of all the required improvements, within the period specified by the permitting authority. The amount shall be based on actual cost estimates for all required public improvements and these estimates shall be reviewed and approved by the permitting authority. The permitting authority may fix the guarantee in a reasonable amount in excess of the estimated costs to anticipate for economic or construction conditions. Local regulations may include provisions for the review and/or upgrade of guarantees.

(d) The security shall be in the forms of financial instruments set forth in local regulations and shall enable the municipality to gain timely access to the secured funds, for cause. The local regulations shall provide at least three (3) acceptable forms of financial security and the approving authority shall not limit the security to one specific form of the acceptable forms set forth in the local regulations.

(e) The local regulations shall establish procedures for the setting of improvement guarantee amounts; for inspections of improvements; for acceptance of improvements by the municipality; and for the release of the improvement guarantees to the applicant. Procedures may include provisions for partial releases of the guarantees as stages of the improvements are completed, inspected, and approved under the coordination of the administrative officer and reported to the permitting authority.

(f) In the cases of developments and subdivisions that are being approved and constructed in phases, the permitting authority shall specify improvement guarantee requirements related to each particular phase.

(g) The permitting authority may also require maintenance guarantees to be provided for a one-year period subsequent to completion, inspection, and acceptance of the improvement(s) unless there are extenuating circumstances. Such maintenance guarantee shall not exceed ten percent (10%) of the original guarantee amount, or the original cost of the public improvements if no guarantee was required.

(h) Procedures for the acceptance of required improvements shall stipulate that all improvements, once inspected and approved, shall be accepted by the municipality or other appropriate municipal agency for maintenance and/or part of the municipal system.

(i) The municipality is granted the power to enforce the guarantees by all appropriate legal and equitable remedies.