Any subdivider who proposes to develop a subdivision in the Town of Elma shall comply with the provisions of this article regarding the posting of bonds and the construction of utilities and other improvements.
In making determinations regarding the necessity and extent of the installation of public improvements, the Planning Board shall take into consideration the prospective character, density and uses in the proposed subdivision, whether residential, commercial or industrial.
A. 
Required improvements. The Planning Board may require the installation of public improvements, including but not limited to the following public improvements, in accordance with Town Law:
(1) 
Parks, playgrounds or other public open spaces of adequate size and location for recreational purposes.
(2) 
Paved streets and highways.
(3) 
Street signs and poles.
(4) 
Sidewalks.
(5) 
Streetlighting.
(6) 
Curbs and gutters.
(7) 
Street trees.
(8) 
Water mains and fire hydrants.
(9) 
Sanitary sewage disposal.
(10) 
Storm drainage system.
(11) 
Seeding or sodding of planting strips with lawn areas.
(12) 
Monuments suitably placed and installed.
B. 
Standards for installation. All improvements as required by the Planning Board shall be installed in accordance with standards, specifications and procedures acceptable to the appropriate Town departments, as well as those provided in these regulations.
C. 
Modifications of design of improvements. If, any time before or during construction of the required improvements, it is demonstrated to the designated Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the designated Town Engineer may, upon concurrence of a previously delegated member of the Planning Board, authorize minor modifications which are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any of the improvements required by the Planning Board. The designated Town Engineer shall issue any such authorization under this provision in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
D. 
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board, in writing, of the time when he proposes to commence construction of such improvements, so that the Town Board may cause such inspection to be made to assure that all Town specifications and requirements shall be made during the construction of required improvements and to assure the satisfactory completion of improvements and utilities as required by the Planning Board.
E. 
Proper installation of improvements. If the designated Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, the Building Inspector and the Planning Board. The Town Board shall then notify the subdivider and, if necessary, the bonding company and shall take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
A performance bond or equivalent security shall be delivered to the Town to guarantee thereby to the Town that the subdivider shall faithfully cause to be constructed and completed within a reasonable time the required public improvements, and convey the required lands and improvements, where applicable, to the Town free and clear of all encumbrances.
A. 
Procedure. Before the Planning Board grants final approval of the final subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) herein:
(1) 
In an amount set by the Planning Board, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements, or the subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and the Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Planning Board may determine appropriate, not exceeding three years, shall be set forth in the bond within which the required improvements must be completed. If the Planning Board shall decide, at any time during the term of the performance bond, that the extent of the building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance bond, or that the required improvements have been installed as provided in this article and by the Planning Board in a sufficient amount to warrant reduction in the face amount of said bond, or that the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such bond, the Planning Board may modify its requirements for any or all such improvements, and the face value of such performance bond shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board, and any security deposited with the bond may be reduced or increased proportionately.
(2) 
The subdivider shall complete all required improvements to the satisfaction of the designated Town Engineer who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the designated Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety.
B. 
As-built drawing required. No required improvements shall be considered to be completed until the installation of the improvements has been approved by the designated Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to provisions of Subsection A(2) above, then said map shall be submitted prior to endorsement of the plat by the authorized Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A(1) above, such bond or certified check shall not be released until such map is submitted.
C. 
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board, in writing, of the time when he proposes to commence construction of such improvements so that the Town Board may cause such inspection to be made during the construction of required improvements and to assure the satisfactory completion of improvements and utilities as required by the Planning Board.
D. 
Proper installation of improvements. If the designated Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, the Building Inspector and the Planning Board. The Town Board shall then notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
The subdivider shall file with the Town Board a maintenance bond in an amount based on a maximum of 10% of the performance bond estimate and which shall be adequate to assure the satisfactory condition of the initial public improvements for a period of one year following completion and acceptance, where applicable, by the Town Board. Such bond shall be satisfactory to the Town Attorney as to form, manner or execution and surety and in an amount satisfactory to the designated Town Engineer.
A. 
Filing requirement. The subdivider shall file with the Town Attorney a general liability insurance policy at the same time he files his performance bond. The Town Board shall approve the policy as to form. The policy shall be in force during the term of the performance bond and shall be extended in conformance with any extension of the performance bond.
B. 
Limits of coverage. The policy shall insure the Town, and the subdivider and shall cover all the operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature involving all public improvements. Said policy shall have limits of liability of $500,000 for bodily injury to each person and $1,000,000 liability on the aggregate for each accident, and property damage liability of $25,000 for each accident and $50,000 aggregate property damage liability or such higher limits as the Planning Board may require. Said limits may be changed from time to time by resolution of the Town Board.
A. 
When public utilities are to be installed, the subdivider shall submit to the Planning Board written assurances from each public utility company that such company will make the necessary service installations within a time limit and according to specifications satisfactory to the Planning Board.
B. 
The final plat shall show statements by the owner granting all necessary easements or other releases where required for the installation of public utilities.