Prior to an action by the Planning Board approving
a subdivision plat, the applicant shall complete, in accordance with
the Planning Board's decision and to the satisfaction of appropriate
town departments, all the street, sanitary and other improvements
specified in the resolution approving the plat, or, as an alternative,
file with the Town Board a bond in an amount set by the Planning Board
to secure to the town the satisfactory construction and installation
of the uncompleted portion of the required improvements.
Performance bonds shall comply with the provisions
of Town Law § 277 as to form, type and term. The Planning
Board shall fix the term of the performance bond or security agreement,
which shall in no case be longer than three years; provided, however,
that the Planning Board may extend the term of the bond with consent
of the parties thereto. The Planning Board shall also have authority
to reduce the amount of improvements required, with the consent of
the Town Board, and shall have the authority to reduce the amount
of the security in accordance with Town Law § 277. In the
event of a default, the town shall have the authority to proceed in
accordance with Town Law § 277.
A.
Inspections. The town may employ an inspector to act
as agent of the Planning Board for the purpose of assuring the satisfactory
completion of improvements required by the Planning Board and shall
determine an amount sufficient to defray costs of inspection. The
applicant shall pay this amount to the town prior to the signing of
the subdivision plat for filing. If the Planning Board or its agent
finds, upon inspection, that any of the required improvements have
not been constructed in accordance with the approved drawings, the
applicant and the bonding company will be severally and jointly liable
for the costs of completing said improvements according to specifications.
B.
Utilities. The Board may accept assurance from each
public utility company whose facilities are proposed to be installed.
Such assurance shall be in writing, addressed to the Board, stating
that such public utility company will make the installations necessary
for the furnishing of its services within a specified time, in accordance
with the approved plat.
C.
Monuments. Permanent monuments shall be set at block
corners and at intervals of 500 feet, or such other distance or location
as the Planning Board may designate. Each location must be indicated
by a suitable symbol on the subdivision plat. The type of monument
must be approved by the Town Engineer.
D.
Waiver of required improvements. The Planning Board
may waive, for such period as it may determine, the provisions of
any such improvements as in its judgment are not necessary to fulfill
the express purposes of these regulations. In the case of each waiver
granted, the Planning Board shall enter on its records the reason
why the particular improvement is not necessary and it shall attach
appropriate conditions or require such guaranties as may be necessary
to protect the public interest.
E.
Time for completion of improvements. All required
improvements shall be completed to the satisfaction of the Planning
Board or its representative within one year after the date of initial
title transfer with respect to any lot or dwelling fronting on a street
shown on the subdivision plat, failing which the town may order such
improvements to be installed and charge the expense to the subdivider.
In a case where circumstances require, the Planning Board may grant
a reasonable extension of time beyond the one year.
F.
Acceptance of improvements. The acceptance of improvements
will not be considered or processed until three sets of as-built plans
are presented showing the improvements and, in addition, the submission
of legal documents necessary for the dedication to the public of these
improvements.
A.
Public acceptance of streets and reservations. The
approval by the Planning Board of a subdivision plat shall not be
deemed to constitute or imply the acceptance by the town of any street,
park, playground or other open space shown on said plat. The Planning
Board may require said plat to be endorsed with appropriate notes
to this effect. The Planning Board may also require the filing of
a written agreement between the applicant and the town covering future
title, dedication and provision for the cost of grading, development,
equipment and maintenance of any park or playground area.
B.
Responsibility for ownership of reservations. Ownership
shall be clearly indicated on all reservations for park and playground
purposes.
C.
Offers of cession and releases.
(1)
The plat shall be endorsed with the necessary agreements
in connection with required easements or releases. Offers of easement
or release shall be presented prior to plat approval.
(2)
Formal offer of cession to the public of all streets
and parks which are not marked on the plat with notation to the effect
that such cession will not be offered shall be filed with the Planning
Board prior to plat approval.
(3)
The subdivider shall include with his offer of cession
the necessary deeds and other documents in recordable form so as to
show marketable title in the subdivider at the time of such offer
of cession.
