[Amended 10-4-2004 by L.L. No. 9-2004]
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, to file with the Town Board a performance bond, an accompanying letter of credit or other security identified in this chapter's definition of "performance bond," in an amount fixed by the Planning Board in its resolution as sufficient to secure to the Town its ability to undertake the satisfactory construction, installation and completion of the required improvements. Such bond shall state the period within which the required improvements must be completed, which period shall be that specified in the Planning Board resolution. The bond shall also provide that an amount determined adequate by the Planning Board, but not less than 10% of the bond, or 10% of the estimated costs of improvements if a bond is not filed, shall be retained by the Town Board for a period of one year after the date of completion of the required improvements to assure their satisfactory condition and that the road shall be maintained in an all-weather passable condition if certificates of occupancy are issued during the term of the bond under the provisions of § 132-21 of this article. All improvements shall be done to the satisfaction of the Planning Board in accordance with the approved construction plans and the requirements of this chapter and the Town construction standards and specifications.
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.
Where a performance 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 out of the letter of credit or other allowable security, 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.
[Amended 10-4-2004 by L.L. No. 9-2004]
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 as certified by the applicant's engineer, 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.
Reduction of bond. An applicant may request, in writing, that the Planning 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. Then, upon approval of the Town Board, and after due notice and public hearing, the Planning 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.
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 their responsibilities related to the proper construction of such improvements.
Inspection of stages of construction.
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:
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.
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.
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.
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 dated certification by a professional engineer or licensed surveyor to the effect that the data shown thereon was accurately determined by field 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.
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 Fishkill, in an amount equal to $1 per linear foot of new road to be constructed as a condition of plat approval.
An additional inspection fee in an amount determined necessary by the Town Engineer, but not in excess of 7% of the estimated cost of constructing the on-site water supply and sewerage systems serving the subdivision and including integral off-site portions of the systems necessary to connect to existing Town facilities, shall be paid by the developer to the Town of Fishkill. Such fees shall be used to cover costs incurred by the Town in conducting inspections of such systems as they progress and upon completion.
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 final application.
Petition for dedication. Upon completion of the subdivision and the road(s), 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.
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 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.
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 final application 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 provision 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:
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.
Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, 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. [Note: If the street is not to be offered for dedication to the Town, such an agreement will have been required in accordance with §§ 132-13B(4) and 132-13C(4) of this chapter.]