A. 
The following public improvements, the cost of which shall be paid by the subdivider, will be required except where the Planning Board finds that, due to the circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety or general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, in which case the Planning Board may waive such requirements:
[Amended 1-9-1985]
(1) 
Streets.
(2) 
Curbs and gutters.
(3) 
Storm drainage.
(4) 
Sidewalks.
(5) 
Streetlighting.
B. 
Outline design and construction requirements for public improvements will be found in Articles VII and X of this chapter.
A. 
A performance bond shall be in the nature of a written agreement issued by the applicant and a qualified agent which guarantees either the performance of a certain agreed upon activity or an equivalent consideration if the activity is not completed as required of the applicant.
B. 
Procedure.
(1) 
A performance bond estimate will be prepared by a licensed professional engineer and approved by the Town Engineer or a professional engineer retained by the Town for such review. The Planning Board will pass a resolution either approving or adjusting the performance bond estimate and will provide copies, signed by the Chairman, for use by the subdivider in obtaining and posting a bond.
(2) 
The subdivider shall present his performance bond, with signed copies of the performance bond estimate attached, to the Town Attorney at least one week prior to any Town Board meeting for approval as to form and sufficiency by the Town Board.
(3) 
The Town Attorney shall notify the Town Clerk prior to the Board meeting that the performance bond can be added to the agenda.
(4) 
The Town Board will either approve or disapprove the performance bond as presented by the Attorney. If the performance bond is approved, one copy will be forwarded to the Town Clerk for his records and one copy will be forwarded to the Planning Board along with the Town Board resolution.
(5) 
The Chairman of the Planning Board shall receive the approval of the performance bond by the Town Board prior to signing the final plat.
(6) 
Upon completing the construction of the public improvements covered by the performance bond and prior to the termination of the bond period, the subdivider shall prepare a set of the approved public improvement and utility plan and profiles, amended to indicate as-built information, and shall apply to the Town Engineer for a final inspection of the work.
(7) 
In the alternative, the subdivider may provide a cash deposit in the amount set by the Planning Board for a performance bond under Subsection B(1) to be held by the Town in escrow under the same terms and conditions as a performance bond.
[Amended 10-11-2006 by L.L. No. 7-2006]
C. 
Term of performance bond or cash deposit escrow. A two-year construction contract and a guaranteed one-year construction will exist for the performance bond or cash deposit escrow after acceptance by the Town Board. An extended term for the performance bond or cash deposit escrow may be executed by petition to the Town Board.
[Amended 10-11-2006 by L.L. No. 7-2006]