A. 
Where a subdivision includes roads which have not been dedicated to the Town of Amenia or for which the Town has not agreed to accept an offer of cession upon the road's completion, the Planning Board shall condition the final approval upon a) the applicant forming a homeowners' association which shall own any rural lane pursuant to a declaration of covenants and restrictions approved by the Planning Board and recorded in the County Clerk's office, and having an offering statement for the sale of the subdivision lots approved by the Department of Law of the State of New York, pursuant to General Business Law § 352-e; b) in the event the Department of Law grants an exemption to an approved offering statement, the applicant shall impose a road maintenance obligation on the subdivision lots for the repair, upkeep, maintenance and snowplowing of the road, the form of which road maintenance agreement shall be approved by the Planning Board and duly recorded in the office of the Dutchess County Clerk; and c) that a note be placed on the face of the final plat to be recorded in the Dutchess County Clerk's office to the effect that the road in the subdivision is a rural lane, not qualifying for, nor intended for, dedication to the Town of Amenia, and there is no obligation on the part of the Town of Amenia to accept such road, in any event and under any circumstances, even if the rural lane is upgraded to Town road specifications; and in the event that the Planning Board waives the requirement that a bond or security be posted with the Town, that a notation be recited on the face of such final plat indicating that no bond or other security is posted with the Town of Amenia to insure completion of such road.
B. 
All homeowners' associations owning and/or maintaining a rural lane must have the power to assess the subdivision lot owners for their share of the maintenance cost of the rural lane. All road maintenance obligation agreements and declarations of covenants and restrictions shall contain a provision granting the Town of Amenia with the authority to enforce their terms of those documents, including, without limitation, the provisions relating to the construction, maintenance and repair of the rural lane. All road maintenance obligation agreements and declarations of covenants and restrictions shall also grant the Town of Amenia the authority to charge the common lot owners or the HOA for the reasonable costs actually incurred in enforcing the terms of those documents, including any repair, maintenance, or construction costs and attorneys' fees, which charge shall become a lien on the property of the common lot owners or the HOA, and enforceable in the same manner as a property tax lien. The Town Attorney shall review and approve all road maintenance obligation agreements and the bylaws of such homeowners' association and any restrictions and covenants to be adopted by the homeowners' association in connection with the subdivision to assure that such provisions are in furtherance of the provisions of this section and other applicable sections of this chapter.
A performance bond, letter of credit, or equivalent security shall be delivered to the Town Board to guarantee thereby to the Town that the applicant shall faithfully cause to be constructed and completed within a reasonable time the required improvements and, where applicable, to convey any required lands and improvements to the Town free and clear of all encumbrances.
A. 
Procedure. Before the Planning Board grants final approval of the final subdivision plat, the applicant shall provide to the Planning Board a detailed engineer's cost estimate for all required improvements for review and concurrence by the Town Engineer; final approval of the final subdivision plat shall subsequently follow the procedure set forth herein.
(1) 
Applicant provides a performance guaranty:
(a) 
If any amount is set by the Planning Board, the applicant shall either file with the Town Clerk a certified check to cover the full cost of completing the required improvements and, if applicable, the cost of reclamation of areas to be excavated or graded pursuant to § 121-34 of Chapter 121, Zoning, a letter of credit covering those full costs, a performance or restoration bond covering those full costs, or other security to the Town Board (collectively, the "performance guaranty"). Any such performance guaranty shall comply with the requirements of § 277 of the New York State 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 performance guaranty as the period within which the required improvements must be completed. The term of the performance guaranty shall extend for at least one year after the date that the required improvements were completed to the satisfaction of the Town Engineer.
(b) 
The applicant shall additionally file a copy of the performance guaranty with the Planning Board.
(c) 
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, that required improvements have been installed in sufficient amount to warrant reduction in the 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 performance guaranty, 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 performance guaranty may be reduced or increased proportionately.
(2) 
Applicant completes all required improvements:
(a) 
The applicant shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter specifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the applicant shall file with the Town Clerk a performance guaranty covering the costs of such improvements, in addition to the cost of satisfactorily installing any improvements not approved by the Town Engineer. Any such performance guaranty shall be satisfactory to the Town Board and Town Board Attorney as to form, sufficiency, manner of execution and surety. The applicant shall additionally file a copy of said performance guaranty with the Planning Board.
(b) 
The applicant 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 two years following their completion and acceptance. Such maintenance bond shall be satisfactory to the Town Board Attorney as to form, manner of execution and surety and in an amount satisfactory to the Town Engineer. The applicant shall additionally file a copy of said performance guaranty with the Town's Code Enforcement Officer.
B. 
As-built drawing required. No required improvements shall be considered to be completed until the installation of the improvements has been approved by the 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. The performance guaranty provided by applicant pursuant to Subsection A(1) above shall not be released until the required as-built drawing is submitted and deemed satisfactory by the Planning Board.
A. 
Filing requirement. The applicant shall file with the Town Attorney a general liability insurance policy at the same time that the performance guaranty is filed. The general liability insurance policy 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 applicant shall additionally file a copy of said certified check or other performance guaranty with the Planning Board.
B. 
Limits of coverage. The policy shall name the Town as an additional insured 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. This additional insured coverage shall be primary over the Town's insurance. Said policy shall have limits of liability for bodily injury and/or property damage as specified by the Town Board, upon recommendation of the Town Engineer and/or Town Board Attorney.
A. 
Service connections. When public franchise utilities are to be installed, the applicant 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.
B. 
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.