A.
After adoption of a resolution approving a final subdivision
plat, and before the plat is endorsed by the Planning Board Chairman
or other duly authorized member, the applicant shall be required to
complete, at his expense and without reimbursement by the Town or
any special district, all street and other improvements as shown on
the approved construction plans or otherwise specified in the resolution
and to offer to dedicate same to the Town of Wawarsing free and clear
of all liens and encumbrances on the property and public improvements
thus dedicated. The Planning Board, at its discretion, may waive the
requirement that the applicant complete and dedicate all public improvements
prior to the signing of the subdivision plat, and may permit the applicant
to post a bond at the time of application for final subdivision approval
in an amount estimated by the Planning Board as sufficient to secure
to the Town the satisfactory construction, installation and dedication
of the incomplete portion of required improvements. Such bond shall
be issued pursuant to the conditions of § 276 of the Town
Law and shall state the period within which the required improvements
must be completed, which period shall not exceed one year. All improvements
shall be completed to the satisfaction of the Town Engineer and approved
by the Planning Board, in accordance with the approved construction
plans and the requirements of this chapter and the Town Construction
Standards and Specifications. For purposes of establishing the bond
amount, the applicant or his engineer shall submit a cost estimate
to the Town Engineer or other agent designated by the Planning Board,
which estimated cost shall be verified by the Town Engineer and modified
as he may consider appropriate. All performance bonds shall be approved
by the Town Board as to form, sufficiency and manner of execution.
In this regard, the Planning Board may recommend a bond in an amount
up to 120% of the estimated construction costs so as to cover inflation
and other contingencies.
B.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements
are not completed within the period specified in the Planning Board
resolution of approval, such approval shall be deemed to have expired,
unless, upon request of the applicant, the period has been extended
by resolution of the Planning Board.
(2)
Where a bond is filed. If all required improvements
are not completed within the term specified by the Planning Board
and set forth in the filed bond, and if no application for the extension
of such period and bond has been made by the applicant and approved
by the Planning Board, the Town Board may thereupon declare said bond
to be in default and collect the sum remaining payable thereunder,
and, upon receipt of the proceeds thereof, the Town shall install
such improvements as are covered by the bond and are commensurate
with the extent of building development that has taken place in the
subdivision but not exceeding, in cost, the amount of such proceeds.
C.
Modification of bond.
(1)
Extension of period specified in bond. The time period
specified for the completion of all required improvements, as set
forth in the bond, may be extended only by resolution of the Planning
Board upon request by the applicant setting forth, in detail, the
amount of work which has been completed, reasons for failure to complete
the remainder of the work within the specified period, the maximum
estimated time required to complete the remainder of the work and
the time period extension which is requested.
(2)
Reduction of bond. An applicant may request, in writing,
that the Planning Board recommend to the Town Board the reduction
in the amount of the bond. Such request shall itemize the extent of
required improvements already completed, the estimated cost of improvements
remaining to be completed and the amount of bond reduction requested.
Then, upon approval of the Planning Board, and after due notice and
public hearing, the Town Board may, if it determines that sufficient
required improvements have been installed to warrant such action,
reduce the face amount of the bond by an appropriate amount so that
the new amount will cover up to twice the cost of the estimated cost
in full of all required improvements remaining to be completed, and
any security deposited with the bond may be reduced proportionately.
In no case shall a performance bond be reduced below 25% of the original
principal amount.
D.
Modification of requirements. If, at any time, either
before or during the course of construction of the required improvements,
it is determined by the Planning Board that unforeseen conditions
make it necessary to modify the location or design of any improvements,
the Board may modify the terms and conditions of the approval so as
to require such changes as may be necessary to comply with the spirit
and intent of the Planning Board's original approval and to conform
to accepted engineering practices. If such modification affects the
scope of work covered by a bond, the Board may recommend to the Town
Board that it approve appropriate modification of such bond.
E.
Escrow deposits with building inspector.
(1)
Whenever, by reason of the season of the year, any
required improvements cannot be undertaken or completed, the Building
Inspector may, nevertheless, issue a temporary certificate of occupancy,
provided there is no danger to health, safety or general welfare upon
acceptance by the Town of a cash escrow deposit in an amount to be
determined by the Town Engineer and Highway Superintendent, for the
cost of completing said improvements. At the time of request to deposit
escrow monies with the Town and prior to the issuance of the temporary
certificate of occupancy, the developer shall obtain and file with
the Building Inspector a notarized statement from the purchaser(s)
of the subject property(s) authorizing the Town to install the improvements
in the event that the same have not been duly installed by the developer.
(2)
Time for completion. All required improvements for
which escrow monies have been accepted by the Town at the time of
issuance of a certificate of occupancy shall be installed by the developer
within a period of nine months from the date of deposit and issuance
of the certificate of occupancy. In the event that said improvements
have not been properly installed, at the end of said time period the
Building Inspector shall give 14 days' written notice to the developer,
by certified mail, return receipt requested, requiring him to install
same, and in the event that same are not installed properly, the Building
Inspector may request the Town Board to authorize the Town to proceed
to contract out the work for the installation of the necessary improvements
in a sum not to exceed the amount of the escrow deposit.
A.
The Town Engineer and the Highway Superintendent,
or their designee, shall be responsible for inspecting required improvements
during construction to ensure their satisfactory completion and, upon
such completion, shall furnish the Planning Board with a statement
to that effect. If the Town Engineer or the Highway Superintendent
determines that any of the required improvements have not been constructed
in accordance with the approved plan, the applicant shall be responsible
for properly completing said improvements. Failure of the Town Engineer,
Highway Superintendent or their designee to carry out inspections
of required improvements during construction shall not in any way
relieve the applicant of any responsibilities related to the proper
construction of such improvements.
B.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the applicant shall notify the Town Engineer,
or his designee, at least three working days before reaching each
of the following stages of construction:
(2)
The applicant shall not proceed to work on any stage
subsequent to the first stage until the work of the previous stage
has been inspected and approved by the Town Engineer or his designee.
In the case of any other improvements, the Town Engineer, or his designee,
shall inspect the work at such progressive stages as he shall specify,
and he shall certify to the Planning Board that the work was inspected
by him and was (or was not) in accordance with the approved plans
and specifications.
C.
Certificate of construction. At such time as the applicant
has completed construction of all required improvements, he shall
furnish to the Town Engineer three copies of "as built" plans and
profiles which show the actual location of all paved streets, culverts,
headwalls, drains, manholes, catch basins, sidewalks, curbs, utility
lines and equipment, monuments, street signs, street trees, and all
other required improvements, as constructed, and all other pertinent
information, such as cross-sections of the streets at intervals determined
by the Town Engineer, the culvert and drain grades, sewer grades,
sidewalk and curb grades and invert elevations at manholes. Such plans
and profiles shall bear a dated certification by a professional engineer
or licensed surveyor to the effect that the data shown thereon was
installed and its location was shown accurately on "as built" drawings
accurately determined by field survey. If the location of improvements
does not, in the opinion of the Town Engineer, fully comply with the
approved construction plans and specifications, the Planning Board
shall have the right to refuse to sign the final plat or release the
bond, nor shall the Town Board accept dedication of any required improvements
until such situation is corrected to the satisfaction of the Town
Engineer.
D.
Inspection fee. To offset the costs incurred by the
Town in conducting inspections, all applicants for approval of submissions
involving the construction of streets and/or other improvements shall
be required to submit an inspection fee, as required by the fee schedule
as established by the Town Board.
A.
Offers of cession. All streets, parks and easements
shall be indicated on the plat. In accordance with § 278
of the Town Law, the applicant may add as part of the plat a notation,
if he so desires, to the effect that no offer of dedication of such
streets or parks, or any of them, is made to the public. All offers
of cession to the public of all streets and parks not so marked shall
be filed with the Planning Board at the time of submission of the
final application.
B.
Petition for dedication. Upon completion of the subdivision
and the road(s), a petition in the form required by the Town Board
shall be filed with such Board for the acceptance of offered streets
and parks or any other reservations or easements.
C.
Acceptance by Town. Acceptance of any offer of cession
of streets or parks shall rest with the Town Board. The approval by
the Planning Board of a subdivision plat shall not be deemed to constitute
nor imply the acceptance by the Town of any streets, parks or other
areas shown on said plat, and the Planning Board may require the addition
of appropriate notes to this effect on the plat.
D.
Maintenance for dedicated improvements. At the time
of dedication of any required improvements, and in order to guarantee
maintenance of such improvements prior to acceptance, the Town Board
shall require the applicant to deliver a sum of money equal to 15%
of total construction costs of all required improvements, which shall
be held in an escrow account for a period not exceeding one year.
One month prior to the end of such year, as may be extended by the
Planning Board for reasons of inclement weather or similar due cause,
the Town Engineer shall inspect all such required improvements and,
prior to the release of such maintenance account, make a report to
the Town Board regarding the condition of the dedicated improvements.
E.
Maintenance for improvements not to be dedicated.
In the event that no offer of cession to the public is made for the
streets, parks and required easements shown on the plat, there shall
be submitted with the final application copies of agreements or other
documents providing for the suitable maintenance of such facilities
and a statement of all rights which exist with respect to each of
them. The adequacy of such documents shall be subject to the approval
of the Town Attorney.
The Planning Board may waive, subject to appropriate
conditions, the provision of any or all such improvements and requirements
as, in its judgment of the special circumstances of a particular plat,
are not requisite in the interest of the public health, safety and
general welfare, or which in its judgment are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond unless it is determined by the Planning Board
that both of the following conditions have been complied with:
A.
Status of street improvements. The improvement of
the street or streets giving access to a structure has progressed
to a stage deemed adequate by the Planning Board to render safe all-weather
vehicular access for both routine and emergency purposes.
B.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the Town Board. If the street is not to be offered for dedication to the Town, such an agreement will have been required in accordance with § 95-18 of this chapter.
