Most permits require a performance bond to be posted to help ensure the project is implemented in accordance with the permit and, in the case of mitigation or enhancement plantings, those plants are cared for during their first two critical years following installation. The bond also provides the incentive to complete the end-of-project requirements, such as filing foundation as-built plans, getting the engineer’s letter of compliance, etc. The agency might also use the bond to fix problems at a site if the applicant is unresponsive to staff requests and a wetland and/or watercourse is at risk of impact.
The bond amount is included in the Special Conditions of the permit. The conditions may also call for an estimate for the retail, installed cost of any plantings. A defined percentage of this estimate will also be factored into the final bond amount. Once the bond amount is finalized, a check made out to the Town of Greenwich is submitted to the office of the agency. The funds are deposited into a non-interest bearing account for the duration of the project and “hold” period associated with plantings.
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Your application will appear on the agency’s agenda at the first meeting following submission of the application to the office. The agency will administratively receive the application, which sets the start date for various timelines within which the agency must act. The agency will discuss the application at their next meeting the following month. During the intervening month, staff will review the application, seek additional information from the applicant or applicant’s agent, if warranted, and write a staff report. Agency members will also conduct a site inspection.
Learn more about the application review process.
In your permit there are Standard and Special Conditions which need to be satisfied before work can start. These pre-conditions are generally straight forward and commonly consist of submitting a bond estimate, a bond, filing a declaration of wetlands and watercourses, etc. The Special Conditions may also contain requirements verbalized at the meeting which need to be properly incorporated into the final plans. If your project also requires a building permit, all of the pre-conditions need to be completed before agency staff can sign off on the building department “check list.”
Once the regulated activities are complete and all conditions of the permit have been satisfied, a letter or email can be submitted to Wetlands requesting a final inspection and release of your bond. The compliance inspector will be looking to see if the site is stabilized and the work complies with the approved plans. She will also review the file to see that the end-of-project requirements have been met. These include foundation as-built plans, engineer’s certification of compliance, drainage management plans filed on the land records, etc. The portion of the bond attributed plantings will have a “hold” period, which is often two years, and compliance is met if 80% of the plants are thriving.
Bonded funds are mailed back to the entity who posted the bond. Without written authorization, the bond cannot be assigned to anyone other than the person who posted it.
Neighbors and interested parties can participate in various ways. Once submitted, the application is a public record and anyone may view it. Agency staff are on hand to help explain the proposal and answer questions. Learn more about how you can participate.