[Amended 6-9-1992 by L.L. No. 11-1992[1]]
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
or, as an alternative, file with the Town Board a bond, letter of
credit or other security acceptable to the Town Board in an amount
fixed by the Planning Board in its resolution as sufficient to secure
to the Town the satisfactory construction, installation and completion
of the required improvements. Such bond, letter of credit or other
security shall state the period within which the required improvements
must be completed, which period shall be that specified in the Planning
Board resolution. In the event that the issuer of the bond or other
security furnished to the Town hereunder becomes insolvent or for
any reason disaffirms the validity of such security, the applicant
shall notify the Town Board immediately and replace the invalid security
with a new bond or other security acceptable to the Town Board within
30 days thereafter. The existence of a valid bond, letter of credit
or other security shall be a condition precedent to the validity of
any permits issued or to be issued in connection with any subdivision.
All improvements shall be done to the satisfaction of the Planning
Board and in accordance with the approved construction plans and the
requirements of these regulations and the Town construction standards
and specifications. The term "improvement" shall include all facilities
intended to be dedicated as public facilities and roadways, water
and sewer facilities, drainage and erosion controls and soil stabilization
improvements not intended to be so dedicated.
[1]
Editor's Note: This local law stated that
it superseded inconsistent provisions of Town Law §§ 274-a
and 277, Subdivision 1.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
Reduction of bond. An applicant may request, in writing,
that the Town Board authorize a 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. It shall be accompanied
by a cost estimate fee as set forth by resolution of the Town Board
in the Master Fee Schedule, which may be amended. Then 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 the cost
in full of all required improvements remaining to be completed, and
any security deposited with the bond may be reduced proportionately.
[Amended 9-10-2002 by L.L. No. 8-2002; 3-9-2010 by L.L. No.
2-2010]
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 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 require or allow appropriate modification
of such bond.
The Town Engineer 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 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 to carry
out inspections of required improvements during construction shall
not in any way relieve the applicant or the bonding company of its
responsibilities related to the proper construction of such improvements.
A.Â
Inspection of stages of construction.
(1)Â
To facilitate inspection of required improvements
during construction, the applicant shall notify the Town Engineer
at least three working days before reaching each of the following
stages of construction:
(2)Â
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 duly authorized
representative. In the case of any other improvements, the Town Engineer
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 in accordance with the approved plans and specifications.
B.Â
Certification of mix data. Upon request of the Town
Engineer or his duly authorized representative, the applicant shall
furnish a certification from the bituminous concrete supplier providing
mix data, including aggregate source and grading, quantities of all
ingredients and critical temperatures.
C.Â
Test specimens. When test specimens are requested
by the Town Engineer or his duly authorized representative, the contractor
shall cut and transport the necessary sample to a laboratory selected
by the Town Engineer. Costs of tests and reports shall be borne entirely
by the applicant.
D.Â
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 date certification by a professional engineer
or licensed surveyor to the effect that the data shown thereon was
accurately determined by filed survey. If the location or accuracy
of improvements does not, in the opinion of the Planning Board, 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 until such situation is corrected.
E.Â
Inspection fee. To offset the costs incurred by the
Town in conducting inspections, 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 New
Castle, equal in amount of 3% of the estimated cost of improvements,
as determined by the Planning Board.
[Amended 2-9-1993 by L.L. No. 4-1993]
A.Â
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
application for final plat approval.
B.Â
Petition for dedication. Upon completion of the subdivision
and the street(s), a petition in the form required by the Town Board
shall be filed with such Board for the acceptance and dedication of
the street(s) and the acceptance of parks or any other reservations
or easements.
C.Â
Acceptance by town. 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
or 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 that effect on the plat.
D.Â
Maintenance. 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 application for
final plat approval 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 Planning Board approval.
The Planning Board may waive, subject to appropriate
conditions, the provisions 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.Â
Status of street improvements. The improvement of
the street or streets giving access to the structure has progressed
to a stage deemed adequate by the Planning Board to render safe all-weather
vehicular access for both routing and emergency purposes.
B.Â
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable conditions, 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 § 113-19D of these regulations. In either case, the agreement shall be in recordable form and shall include a provision permitting the town, upon 24 hours' notice by telegram or shorter period if reasonably required under the prevailing circumstances, to contract for the performance of such maintenance for any street providing access to a building for which a certificate of occupancy has been issued if such maintenance has not been accomplished by the street owner to the satisfaction of the Town Engineer. Any sums expended by the Town for such maintenance purposes shall be borne by the owner of the street and, if not paid within 30 days of the date of billing, shall become a lien upon all property owned by him within the subdivision.
[Amended 5-9-1978]
