Any subdivider who proposes to develop a major subdivision in the Town of Stanford shall comply with the regulations provided in this Article regarding the posting of performance guaranties and the provision or installation of utilities and other required improvements.
In making determinations regarding the necessity and extent of the provision and installation of required subdivision improvements, the Planning Board shall take into consideration the prospective character, density and uses within the proposed subdivision, whether residential, commercial or industrial.
Required improvements. The Planning Board shall require the provision and installation of the following improvements in accordance with Town Law, unless it shall specifically waive in writing any such improvements as provided in § 140-27 of these regulations:
[Amended 4-12-2007 by L.L. No. 1-2007]
Parks, playgrounds or other public open spaces or adequate size and location for recreational purposes.
Street signs and posts.
Curbs or gutters.
Street trees and treatment of buffer areas and other required landscaping.
Water supply and fire-protection facilities.
Sanitary sewage disposal facilities.
Storm drainage facilities.
Seeding and other means of erosion control for all lands within the subdivision tract, including all lots, common areas and rights-of-way.
Monuments or other acceptable markers suitably placed and installed.
Standards for installation. All improvements required by the Planning Board shall be installed in accordance with standards, specifications and procedures acceptable to the appropriate Town departments or as provided in these regulations.
Modification of the design of improvements shown on the approved plat. If at any time before or during construction of the required improvements shown on the approved plat it is demonstrated to the designated Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the designated Town Engineer may, upon concurrence of the Chairman of the Planning Board, authorize minor modifications which are within the spirit and intent of the Planning Board's approval and do not extend to constitute the waiver or substantial alteration of the function of any of the improvements required by the Planning Board. The designated Town Engineer shall issue any such authorization under this provision in writing and shall transmit a copy of such authorization to the Clerk of the Planning Board for report to the Planning Board at its next regular meeting.
Inspection of improvements.
At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Town Clerk for purposes of establishing an escrow account the inspection fee required by the Town Board and shall notify the Town Board in writing of the time when he proposes to commence construction of such improvements so that the Town Board may cause such inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities as required by the Planning Board. The inspection fee shall provide reimbursement to the Town for actual direct cost incurred for such engineering services, as specified on the subdivision fee schedule established and annually reviewed by the Town Board upon recommendation of the Planning Board.
In order to facilitate inspection of required improvements during construction, the applicant shall notify the designated Town Engineer at least 48 hours prior to the completion of each phase of road construction as described in Chapter 138, Article III, § 138-21D. The applicant shall notify the designated Town Engineer at least 48 hours prior to backfilling drainage and other underground facilities.
[Amended 4-12-2007 by L.L. No. 1-2007]
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 designated Town Engineer or a representative who may be duly authorized by the Town Board. In the case of any other improvements, the designated Town Engineer shall inspect the work at such progressive stages as he shall specify. The designated Town Engineer shall certify in writing to the Planning Board that the work was inspected by him and was found to be in accordance with the approved plans and specifications.
Proper installation of improvements. If the designated Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance guaranty, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, the Building Inspector and the Planning Board. The Town Board shall then notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Town's rights under the performance guaranty. No plat shall be approved by the Planning Board as long as the subdivider is in performance default on any previously approved plat within the Town of Stanford.
A performance bond or equivalent security shall be delivered to the Town to guaranty thereby to the Town that the subdivider shall faithfully cause to be constructed and completed within a reasonable time the required improvements and convey the required lands and improvements, where applicable, to the Town free and clear of all encumbrances.
Procedure. Before the Planning Board grants final approval of the final subdivision plat, the subdivider shall provide to the Clerk of the Planning Board a detailed engineer's cost estimate for all required improvements for review and concurrence by the designated Town Engineer and shall subsequently follow the procedure set forth in either Subsection A(1) or (2) herein:
In any amount set by the Planning Board, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements or the subdivider shall file with the Town Clerk a performance guaranty to cover the full cost of the required improvements. Specific performance guarantee requirements are specified for roadway and related improvements in Chapter 138, Article III, § 138-17B. Any such performance bond or equivalent security shall comply with the requirements of § 277 of the Town Law and, further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Planning Board may determine appropriate, but not exceeding three years, shall be set forth in the bond or equivalent security as the period within which the required improvements must be completed. The subdivider shall additionally file a copy of said certified check or other performance guaranty with the Clerk of the Planning Board. If the Planning Board shall decide at any time during the term of the performance guaranty that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such performance guaranty or that required improvements have been installed as provided in this Article and by the Planning Board in sufficient amount to warrant reduction in the face amount of said performance guaranty or that the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such bond or equivalent security, the Planning Board may modify its requirements for any or all such improvements, and the face value of such performance guaranty shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board, and any security deposited with the bond may be reduced or increased proportionately.
[Amended 4-12-2007 by L.L. No. 1-2007]
The subdivider shall complete all required improvements to the satisfaction of the designated Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements, in addition to the cost of satisfactorily installing any improvements not approved by the designated Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. The subdivider shall additionally file a copy of said certified check or other performance guaranty with the Clerk of the Planning Board.
As-built drawing required. No required improvements shall be considered to be completed until the installation of the improvements has been approved by the designated Town Engineer and a map certified by the applicant's engineer and satisfactory to the Planning Board has been submitted indicating the specific location of all underground utilities as actually installed. If the subdivider completes all required improvements according to provisions of Subsection A(2) above, then said map shall be submitted prior to endorsement of the final plat by the Planning Board Chairman. However, if the subdivider elects to provide a performance guaranty for all required improvements as specified in Subsection A(1) above, such bond or equivalent security shall not be released until the required as-built drawing is submitted and deemed satisfactory by the Planning Board.
[Amended 4-12-2007 by L.L. No. 1-2007]
The subdivider shall file with the Town Board a maintenance bond in an amount of 15% of the cost estimate for installation of required improvements and which shall be adequate to assure the satisfactory condition and operation of the initial public improvements for a period of one year following their completion and acceptance. Specific maintenance bonding requirements are specified for roadway and related improvements in Chapter 138, Article III, § 138-17C. Such maintenance bond shall be satisfactory to the Town Attorney as to form, manner of execution and surety and in an amount satisfactory to the designated Town Engineer. The subdivider shall additionally file a copy of said certified check or other performance guaranty with the Clerk of the Planning Board.
Filing requirement. The subdivider shall file with the Town Attorney a general liability insurance policy at the same time that he files his performance guaranty. The Town Board shall be in force during the term of the performance guaranty and shall be extended in conformance with any extension of the performance guaranty. The subdivider shall additionally file a copy of said certified check or other performance guaranty with the Clerk of the Planning Board.
Limits of coverage. The policy shall insure the Town and the subdivider and shall cover all operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature involving all public improvements. Said policy shall have limits of liability of $500,000 for bodily injury and/or property damage per occurrence or such higher limits as the Planning Board may require, upon recommendation of the designated Town Engineer or Town Attorney.
Service connections. When public franchise utilities are to be installed, the subdivider shall submit to the Planning Board written assurances from each public utility company that such company will make the necessary service installations within a time limit and according to specifications satisfactory to the Planning Board, which shall include undergrounding in strict accordance with regulations promulgated by the New York State Public Service Commission.
Easements or other releases. The final plat shall include statements by the owner granting all necessary easements or other releases where required for the installation of public franchise utilities.