A.
Completion of improvements or posting of bond. Before
the plat is signed by the Chairman of the Planning Board, the applicant shall
be required to complete, in accordance with the Planning Board's decision
and to the satisfaction of the Town Engineer, all the street, sanitary and
other improvements specified in the plat, or, as an alternative, to post a
bond at the time of application estimated by the Planning Board as sufficient
to secure to the Town the satisfactory construction and installation of the
uncompleted portion of the required improvements. Such performance bond shall
comply with the requirements of § 277 of the Town Law and shall
be satisfactory to the Town Attorney as to the form, sufficiency and manner
of execution. The period within which required improvements must be completed
shall be specified by the Planning Board and expressed in the bond.
B.
Costs to be borne by applicant. All required improvements
shall be made by the applicant, at his expense, without reimbursement by the
Town or any improvement district therein.
C.
Failure to complete improvements. For subdivisions for
which no performance bond has been posted, if the improvements are not completed
within the period specified by the Planning Board in the resolution approving
the plat, the approval shall be deemed to have expired. In those cases where
a performance bond has been posted and required improvements have not been
installed within the term of such performance bond, the Town Board may thereupon
declare said bond to be in default and require that all the improvements be
installed regardless of the extent of the building development at the time
the bond is declared to be in default.
D.
Increase in amount of security necessary. The Planning
Board may increase the amount of security necessary by an appropriate amount
for required improvements. The Planning Board may increase the security when,
after a public hearing, the Planning Board determines that the cost of improvements
exceeds the amount of security already posted. The Planning Board can increase
the amount of security posted so that the new amount of security will cover
the cost in full of the required improvements remaining to be made.
[Added 10-8-1996 by L.L.
No. 12-1996]
A.
General procedure and fees. The Planning Board shall
provide for inspection of required improvements during construction and ensure
their satisfactory completion. The applicant shall pay to the Town an inspection
fee of 5% of the amount of the performance bond or 5% of the estimated cost
of required improvements for a subdivision or a private subdivision, and the
subdivision plat shall not be signed by the Chairman of the Planning Board
unless such fee has been paid at the time of application. If the Town Engineer
or the Town Superintendent of Highways finds, upon inspection, that any of
the required improvements have not been constructed in accordance with the
Town's construction standards and specifications, the applicant shall be responsible
for completing said improvements. Wherever the cost of the improvements is
covered by a performance bond, the applicant and the bonding company shall
be severally and jointly liable for completing said improvements according
to specifications.
[Amended 3-27-1986; 4-9-2003
by L.L. No. 4-2003]
B.
Certificates of satisfactory completion. The Town Board
will not give final approval of required improvements nor release a performance
bond until the Town Engineer and the Town Superintendent of Highways have
submitted reports stating that all required improvements have been satisfactorily
completed and until the applicant's engineer or surveyor has submitted a statement
to the Town Engineer certifying that all the required improvements have been
satisfactorily completed and installed. Upon such approval and recommendation,
the Town Board shall thereafter accept the improvements for dedication in
accordance with the established procedure.
Where utilities required by the Planning Board are to be installed by
a public utility company or Town improvement district, the Planning Board
may accept assurance from the public utility company or improvement district,
in writing, that such installation will be furnished by the company or improvement
district within a specified period of time and in accordance with the approved
construction plans.
The applicant shall be required to maintain all improvements and provide
for snow removal on streets and sidewalks until acceptance of said improvements
by the Town Board. The applicant shall be required to file a maintenance bond
with the Town Board, prior to dedication, in an amount considered adequate
by the Town Engineer and in a form satisfactory to the Town Attorney in order
to assure the satisfactory condition of the required improvements for a period
of one year after the date of their acceptance by the Town Board.
Acceptance of formal offers of cession of streets, easements and 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 sixty-two-day
period required by law, then such formal offers of cession shall be deemed
to be void. 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,
easement or park shown on said plat. The Planning Board may require said plat
to be endorsed with appropriate notes to this effect.
The Planning Board may waive at the time of final approval, subject
to appropriate conditions, the provisions of any or all such improvements
as in its judgment are not requisite in the interests of the public health,
safety and general welfare or which are inappropriate because of inadequacy
or lack of connecting facilities.
Where a permit is desired for the occupancy of a building in the subdivision,
prior to the completion of the improvements as required in the Planning Board's
approval of the subdivision plat, the street serving the proposed building
shall be completed to a degree satisfactory to the Town Engineer and Town
Superintendent of Highways. In general, the extent of said street improvement
shall be adequate for vehicular access by the prospective occupant and by
police and fire equipment, prior to the issuance of an occupancy permit. Where
such permit has been issued, the street shall be maintained in suitable condition.
