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This is the last bond a Colchester road builder posts, and it is the one that lets the Town take the road. Once the road is finished and the petition for acceptance goes to the Board of Selectmen, a maintenance bond holds the developer to fixing hidden construction defects for one year. A surety bond keeps that guarantee in place without tying up cash for the full year.
Under Section 109-11C of the Colchester Code, a developer or owner asking the Town to accept a new road must file an executed agreement and maintenance bond approved by the Board of Selectmen. The bond equals 10 percent of the original bond estimate approved by the Town Engineer, with a $2,500 minimum, and stays in force for one year from the date a Town Meeting accepts the road.
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Many builders assume road bonding ends when the pavement is finished. In Colchester it does not. Chapter 109 of the Town Code requires a maintenance bond at the acceptance stage, when the owner of record petitions the Board of Selectmen in writing to take the road over as a town road. The petition must include the right of way map on file with the Town Clerk (or the recorded subdivision map approved by the Zoning and Planning Commission), as built plans of the road, drainage and other improvements, and the executed maintenance agreement and bond.
The bond is 10 percent of the original bond estimate approved by the Town Engineer, with a minimum of $2,500. A small road with a low estimate still posts at least $2,500.
The bond guarantees that unforeseen deficiencies in the construction of the road and related improvements will be remedied. It must be approved by the Board of Selectmen and remains in force for one year from the date the road is accepted by a Town Meeting. The clock starts at the Town Meeting vote, not at the date construction ended.
Work in a Town of Colchester right of way requires a road construction permit from the Board of Selectmen under Section 109-3. The application carries a $100 fee, an inspection fee equal to 3 percent of the cost estimate approved by the Town Engineer is paid to the Town, and the permit is valid for one year. Confirm the current bond form and any wording the Town requires with the Board of Selectmen office before the bond is issued.
On the date the road is accepted by a Town Meeting. Finishing construction or getting a final inspection does not start the clock.
Take 10 percent of the original bond estimate approved by the Town Engineer. If that number is under $2,500, the bond is $2,500.
The Board of Selectmen. The bond and an executed maintenance agreement are filed with the written petition for road acceptance.
Remedy of unforeseen deficiencies in the construction of the road and other improvements during the year after acceptance. If the developer does not make the repairs, the Town can claim against the bond.
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