§ 239-10. Compliance with permits required., Chapter 239. Earth Removal, 2: Select Board Regulations, Code of Ordinances, Groton

At the time of issuing an earth removal permit and entering into an earth removal agreement with the applicant, the Select Board will require that compliance by the applicant with the conditions, terms and restrictions of the permit be secured by one, or in part by one and in part by the other, of the methods described in the following Subsection A(1) and (2), which method, in whole or in part, shall be selected initially by the Select Board and which may, during the term of the permit, upon the request of the holder of the permit, be varied by the Select Board:

(1)

By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Select Board to pay the cost of doing the work necessary to make the site conform to the restoration site plan. The penal sum of any such bond or the amount of any deposit required may be decreased by the Board from time to time as the progress of earth removal or the restoration work warrants in order that said penal sum or the amount of the deposit shall be and remain reasonably approximate to the cost of doing such necessary work. Any such bond may be enforced and any such deposit may be applied by the Select Board for the benefit of the Town upon failure of the performance for which said bond or deposit is given, including the cost of work done by or on behalf of the Town under the terms of §§ 239-6A(8) and 239-8C(19) to the extent of the actual cost to the Town for completing such performance.

(2)

By a covenant, executed and duly recorded by the owner of record of the earth removal site, running with the land and in favor and the Town, of the owners from time to time of the lots abutting the earth removal site, whereby the earth removal site shall be made to conform to the restoration site plan before the portion of the lot upon which the earth removal site is located may be conveyed or mortgaged.