Council: town cannot generally require completion bonds for private development; nuisance enforcement options remain under review

Senior Town Planner Ned West presented staff research on completion and performance bonds and told the council that while public‑project and development‑agreement guarantees exist (including a common structure that asks for 120% of public‑improvement costs with a one‑year warranty holdback), there is no straightforward way to compel a private developer to post a completion bond on private property where no public dollars are invested. "In general terms, private development where there are not public dollars involved...there really is no way to require a private developer to place a bond with a public entity," he said. West noted a potential financing approach where a town contribution in the order of 10% could change tax/partnership treatment, but said that path would require legal and financial advice.