[Amended 3-11-2019 by L.L. No. 4-2019]
A.
All improvements shown on the final subdivision plat and construction
plans, such as but not limited to street signs, sidewalks, streetlighting
standards, curbs, gutters, street trees, water mains, fire alarm signal
devices, sanitary sewers and storm drains shall be completed in a
manner prescribed by the Town of Wappinger highway specifications
or other applicable law, ordinance, local law, rule or regulation.
The Planning Board shall ascertain whether or not all such improvements
are to be completed prior to endorsement by the Planning Board Chairman
of the final subdivision plat or, in the alternative, whether a performance
bond or other security sufficient to cover the full cost of such improvements
in an amount acceptable to the Town Engineer shall be submitted to
the Town by the applicant or owner of the land being subdivided in
lieu thereof of such improvement as prescribed in Town Law § 277
and the highway specifications.[1]
B.
Any such security must be provided pursuant to a written security
agreement with the Town, approved by the Town Board and also approved
by the Town Attorney as to form, sufficiency and manner of execution,
and shall be limited to a performance bond issued by a bonding or
surety company; the deposit of funds in or a certificate of deposit
issued by a bank or trust company located and authorized to do business
in this state; an irrevocable letter of credit from a bank located
and authorized to do business in this state; obligations of the United
States of America; or any obligations fully guaranteed as to interest
and principal by the United States of America, having a market value
at least equal to the full cost of such improvements. If not delivered
to the Town, such security shall be held in a Town account at a bank
or trust company.
C.
No performance bond or other security tendered under the provisions
hereof shall be deemed acceptable unless provision is made therein
for the payment of a sum to be determined by the Town Board in the
event of failure to complete said improvements, for compensation to
the Town by the surety or other security of any attorney's fees incurred
by the Town in the event legal proceedings are necessary to enforce
the same, with a provision for increase in the sum stipulated for
said security to be correlated to a cost of highway construction index
as formulated by the Town of Wappinger, and authorization from a surety
of the owner of applicant, in the event the surety bond is accepted,
that all acts of the owner or applicant are deemed to be accepted
by the surety and that no further notice to the surety is necessary
with respect to any acts taken by its principal.
D.
Any such performance bond or other security shall run for a term
to be fixed by the Planning Board, but in no case for a longer term
than three years; provided, however, that the term of such security
may be extended by the Planning Board with consent of the parties
thereto. If the Planning Board shall decide at any time during the
term of the security that the extent of building development that
has taken place in the subdivision is not sufficient to warrant all
the improvements covered by such security, or if the Zoning Administrator
and Town Engineer decide that the required improvements have been
installed as provided in this section in sufficient amount to warrant
reduction in the amount of said security, and upon approval by the
Town Board, the Zoning Administrator and Town Engineer may modify
the requirements for any or all such improvements, and the amount
of such security shall thereupon be reduced by an appropriate amount
so that the new amount will cover the cost in full of the amended
list of improvements required by the Planning Board.
E.
In the event that any required improvements have not been installed
as provided in this section within the term of such performance bond
or other security, the Town Board may thereupon declare said security
agreement to be in default and collect the sum remaining payable thereunder;
and upon the receipt of the proceeds thereof, the Town shall install
such improvements as are covered by such security and as commensurate
with the extent of building development that has taken place in the
subdivision but not exceeding in cost the amount of such proceeds.
The Engineer to the Town 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. Fees for the inspection
of such improvements shall be borne by the applicant. If the Engineer
to the Town 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. The
determination of the Engineer to the Town as to the conformance or
nonconformance of the improvements to applicable specifications shall
be binding upon an applicant. Failure of the Engineer to the Town
to carry out inspections of required improvements during construction
shall not in any way relieve the applicant or the bonding company
of their responsibilities related to the proper construction of such
improvements.
A.
Inspection of stages of construction.
(1)
To facilitate inspection of improvements during construction,
the applicant shall notify the Engineer to the Town or the Highway
Superintendent (whoever is in charge of that phase of the work) 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 Engineer to the Town or his
duly authorized representative. In the case of any other improvements,
the Engineer to the Town shall inspect the work at such progressive
stages as he shall specify. The Engineer to the Town shall certify
to the Planning Board that the work was inspected by him and was in
accordance with the approved plans and specifications.
B.
Certification of mix data. Upon request of the Engineer to the Town or his duly authorized representative, the applicant shall furnish a certification from the bituminous concrete supplier providing mix data, including aggregate source and grading qualities of all ingredients and critical temperatures. (See Chapter 214, Streets and Sidewalks, Article V, Highway Specifications.)
C.
Test specimens. When test specimens are requested by the Engineer to the Town or his duly authorized representative, the contractor shall cut and transport the necessary sample to a laboratory selected by the Engineer to the Town. Costs of tests and reports shall be borne by the applicant. (See Chapter 214, Streets and Sidewalks, Article V, Highway Specifications.)
D.
Certificate of construction. At such time as the applicant
has completed construction of all required improvements, he shall
furnish to the Engineer to the Town, Highway Superintendent and Planning
Board 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 Engineer to the Town,
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 accurately determined
by field survey.
E.
Inspection fee. All applicants for approval of subdivisions involving the construction of streets and/or other improvements shall be required to submit an inspection fee, payable to the Town of Wappinger, in accordance with the fees as set forth in Chapter 122, Article IV, § 122-16 of the Code before the plat is signed.
[Amended 3-8-2004 by L.L. No. 4-2004]
A.
Offers of cession. When the applicant intends to make
offers of cession of all streets, parks, easements and other public
areas, they shall be indicated on the plat, in accordance with § 278
of the Town Law. The plat shall further indicate that such streets,
parks and easements are irrevocably offered to the Town of Wappinger
subject to its acceptance of the same.
B.
Petition for dedication. Upon completion of the subdivision,
a petition in the form required by the Town Board shall be filed with
such Board for the acceptance and dedication of the road(s) and the
acceptance of parks or any other reservations or easements. There
shall be included with said petition a deed in proper form previously
approved by the Town or its agents and a title insurance policy in
the sum of at least $5,000 naming the Town as its insured for the
roads or lands to be dedicated, which title policy is to be obtained
(prepaid) at the expense of the applicant. The tender of such document
shall not constitute an acceptance of the affected lands by the Town
of Wappinger, said acceptance to be deferred to such time as all required
improvements and other acts of the applicant have been completed and
the Town has had reasonable opportunity to verify the conformance
of such improvements or acts with applicable specifications or standards.
C.
Acceptance by town.
(1)
Acceptance of any offer of cession of streets or parks
shall rest with the Town Board. In the event that the applicant shall
elect not to file the plat in the office of the County Clerk within
the period prescribed for such filing, then such formal offer of cession
shall be deemed void. 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.
(2)
At the time of tender of the final subdivision plat,
there shall also be tendered to the Town of Wappinger the necessary
bond required to assure maintenance of said highways, including snow
removal therefrom, until acceptance of said roads by the Town of Wappinger.[1]
(3)
The required irrevocable offers of cession, deeds,
easements and other legal documents in statutory form for any lands,
including highways, to be tendered to the Town of Wappinger shall
be tendered at the time of the final subdivision plat, fully executed
and acknowledged. These documents shall be first approved by both
the Engineer to the Town and the Attorney to the Town.
The Planning Board may waive, subject to appropriate
conditions, the provisions of any or all such improvements 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 Building Inspector
that both of the following conditions have been complied with:
A.
Status of street improvements. The improvements of
the street or streets giving access to the structure has progressed
to a stage deemed adequate by the Superintendent of Highways to render
safe all-weather vehicular access for both routine and emergency purposes.
B.
Road guaranty agreements. Written guaranty in form
satisfactory to the Town Board shall be filed providing for the maintenance
of the street or streets and improvements in all-weather passable
condition (including snow removal) in such manner as may be prescribed
from time to time by the Town Highway Superintendent during the period
between the issuance of the certificate of occupancy and the acceptance
of the fully completed street by the Town Board.
