A.
Performance bond.
(1)
Pursuant to Town Law § 277, the Planning
Board shall have the authority to accept a performance bond in lieu
of requiring construction of public improvements as set forth in that
section. When the Planning Board does agree to accept a performance
bond, the developer shall deposit with the Town Clerk a performance
bond of acceptable surety or shall deposit with the Chief Fiscal Officer
of the Town acceptable negotiable government bonds, cash or certified
check drawn upon a national or state bank, payable at sight to the
Town Board, guaranteeing:
(a)
That within two years the developer will complete
the construction of all required improvements within the right-of-way
and easements in accordance with the approved plans and the highway
specifications. The term of the performance bond may be extended by
the Planning Board with consent of the parties thereto, as set forth
in Town Law § 277.
(b)
That, upon written certification by the developer's professional engineer that the construction of the highway has been completed in accordance with the plans and specifications and approved by the Highway Superintendent, the developer will dedicate the completed highway to the Town for use as a public highway, free and clear of all liens and encumbrances. The guaranty of dedication shall apply to the owner of the property as well as the developer, where the two are not synonymous. Subsection A(1)(b) may alternatively be satisfied by an offer of cession, in recordable form, delivered to the Town and approved by the Town Attorney's office.
(2)
As guaranty for the performance of the above
requirements, the developer shall deposit, as heretofore set forth,
a surety bond, negotiable government bonds, cash or certified check
in the amount of 100% of the total construction cost. This amount
shall be determined by the Town Engineer by applying to the quantities
or dimensions shown on the approved plans the rates per unit as established
by the schedule of rates, Table I of this article, or amendments thereto
which may later be established to reflect changing costs.
B.
Maintenance or continuation bond. Prior to acceptance by the Town of dedication of the street as guaranteed by Subsection A(1)(b) above, the developer shall deposit with the Town Clerk a maintenance bond of acceptable surety or shall deposit with the Chief Fiscal Officer of the Town acceptable negotiable government bonds, cash or certified check drawn upon a national or state bank, payable at sight to the Town Board, guaranteeing that, for a period of one year from the date of acceptance of the street by the Town, the developer will maintain the street to the standard of construction set forth by the highway specifications, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his own expense, repair and make good any defects or damage which may develop during this maintenance period as a result of faulty construction within the right-of-way or easements or as a result of other construction by the developer (or his assigns). During the maintenance period, the Town shall be responsible for snow and ice control, street cleaning, cleaning of culverts and catch basins and other work of a similar routine nature, provided that such work has in no way been caused by the developer's operation. The amount of the maintenance bond shall be equal to at least 20% of the performance bond.
C.
Insurance. The developer shall procure and maintain at his own expense and without expense to the Town, until final acceptance by the Town of the work covered by approved plan and specifications, insurance for liability for damages imposed by law, of the kinds and in amounts hereinafter provided, in insurance companies authorized to do such business in the state, covering all operation under the approved plans and specifications whether performed by him or by contractors. Before commencing the work, the developer shall furnish to the Town a certificate or certificates of insurance, in a form satisfactory to the Town, showing that he has complied with this section. The certificate or certificates of insurance shall provide that the policies shall not be changed or canceled until 30 days' written notice has been given to the Town. The kind and amount of insurance shall be as stated below in Subsection C(1), (2) and (3), and unless otherwise specifically required by special conditions, each policy shall have limits of not less than:
If construction of the public improvements has not been started within one year from the date of final approval by the Planning Board, the developer shall appear before the Planning Board to explain the reasons for the delay. If the Planning Board finds that there is substantial justification for the delay, either in commencement or completion of construction, it may grant an extension of time of up to one year to the developer. Further, if the Planning Board finds that costs have increased, it shall have the right as a condition for the extension to increase the amount of any of the securities referred to in § A197-90. Furthermore, if the Planning Board finds that circumstances have changed, it shall have the right to require that plans shall be resubmitted and approved per Chapter 163, Subdivision of Land.
Where, pursuant to Town Law § 277,
the Planning Board determines that it is appropriate to facilitate
fire protection and to provide access of firefighting equipment to
buildings, the Planning Board shall have the authority to require
the following improvements:
The need for locations, species, etc., of trees and landscaping shall be established by the Planning Board. Construction shall be in accordance with the notes, typical and details shown on the approved plans and Figure II-2 of the Highway Specifications.
B.
No building permits shall be issued until such time
as all erosion and siltation control measures have been installed
to the satisfaction of the Highway Superintendent or Town Engineer.
C.
Sight easements shall be cleared prior to issuance
of building permits.
D.
All driveway culverts as required by the approved
plat or site plan or as required by the Highway Superintendent shall
be installed in the approved location prior to issuance of a building
permit. Any location change of driveway culverts shall not be performed
until a plot plan is submitted and approved by the Town Engineer.
E.
Each lot must have a preliminary plot plan furnished
to the Building Inspector, indicating house and driveway location,
septic system and well and drainage flow patterns with elevations
relative to road surface, before a building permit can be issued.
(1)
The plot plan must be prepared and stamped by
a licensed professional engineer or land surveyor.
(2)
The plot must comply with all requirements of Attachment 2 of this article.
Before a certificate of occupancy is issued,
a final certified plot plan indicating field obtained as-built conditions
must be furnished to the Building Inspector for his review. The certified
plot plan must include the stamp and signature of a licensed professional
engineer or land surveyor.
