A.
The following improvements will be required except when the Planning
Board waives the requirement by specific resolution:
(1)
Paved streets.
(2)
Curbs or gutters.
(3)
Sidewalks.
(4)
Shared water distribution systems and fire hydrants.
(5)
Central or shared sanitary waste disposal facilities or structures.
(6)
Storm drainage facilities, including retention or detention ponds
of a permanent and/or temporary nature.
(7)
Construction phase soil erosion and sedimentation control facilities
and structures.
(8)
Street signs.
(9)
Streetlighting.
(10)
Street trees.
(11)
Provision of at least two inches of suitable topsoil, seeding
or sodding of planting strips with lawn grass and stabilization thereof.
B.
Each applicant and developer (including all assignees and successors
in interest) shall become and remain responsible for the completion
of all public improvements.
A.
The following improvements may, where incorporated on a plan and
where circumstances dictate that same are necessary for the proper
functioning of the site and/or the protection of the public health,
safety and welfare, be required by the Planning Board as part of its
approval and, when so required, shall be considered public improvements:
(1)
Retaining walls: as may be required with or without fencing in order
to safely and properly implement all elements of the proposed site
use and access.
(2)
Paved parking lots: as may be required to prevent the degradation
of air and water quality by airborne dust and waterborne siltation,
to provide safe and reliable routine and emergency access in all seasons
and to safely delineate parking lot circulation ways and individual
parking spaces and/or as part of a plan to collect and manage stormwater
drainage.
(3)
Landscaped areas: as may be required to screen or buffer all or portions
of the site from adjoining land uses so as to avoid creating noise
and harmful visual effects to the public.
(4)
Site grading and clearing measures: as may be required to convert
a given site for use and access as intended in a land use plan approved
by the Planning Board in a manner that avoids creating stormwater
quality impacts or harmful impacts to reserved vegetation.
(5)
Site distance clearing and/or grading: as may be required to provide
safe and adequate site distance and avoid creating a public safety
hazard in both the short and long terms due to approved site use.
(6)
Construction and grading easements: as may be needed to enter onto
a site and either complete any necessary grading and stabilization
work so that the site can be used as intended or, in the alternative,
to stabilize the site to avoid creating a public health or safety
hazard.
(7)
Wetland restoration facilities: as may be needed to mitigate damage
or disturbance to a wetland caused by activities related to site development.
(8)
Landscaping improvements: as may be required to screen or buffer
all or portions of the site from adjoining land uses so as to avoid
creating noise and harmful visual effects to the public.
(9)
Pedestrian facilities: as may be needed to provide trail or sidewalk
connections to parkland, community facilities, neighborhood interconnection,
and other locations deemed appropriate by the Planning Board.
(10)
Any other public facility or requirement of the Planning Board
pursuant to a pending plan and/or pursuant to any local law or ordinance
of the Town identified or characterized as a public improvement where
the same can be found to be necessary in order to provide for the
needs of the proposed site while avoiding harmful public health, safety
or welfare impacts.
B.
Each applicant and developer, including all assignees and successors
in interest, shall become and remain responsible for the completion
of all public improvements.
A.
Prior to its approval of any site plan, the Planning Board shall
fix a schedule for the completion of all public improvements as defined
in this chapter. The schedule shall be a condition of approval and
shall be incorporated into a public improvement security agreement
to be entered into with the Town Board as called for by the Planning
Board.
B.
Unless no public improvements are required, no site plan shall be
approved and no special permit shall be issued by the Board until
the applicant has entered into a public improvement security agreement
with the Town. The public improvement security agreement shall include,
at a minimum, the following elements:
(1)
A schedule for completion of all required public improvements.
(2)
An itemization of the financial security required for each public
improvement and a schedule for its posting or deposit with the Town
or reference to a condition requiring such itemization of financial
security and scheduling of posting or deposit prior to final approval.
(3)
Provision for maintenance, repair or replacement in kind of any public
improvements, including but not limited to landscaping, for an appropriate
period of time not to exceed two years.
(4)
The amount required to be deposited, in escrow, for use in paying
the inspector(s) utilized by the Town to inspect all public improvements
in order to determine compliance with the conditions of subdivision
approval.
(5)
Contractual authorization for the Town to utilize the financial security
posted or deposited by the applicant for the purpose of either completing
any public improvement or restoring the site to a safe, secure and
stable condition in the event that the developer fails to complete
all public improvements or delays unreasonably in his obligation to
complete same.
(6)
The agreement shall provide that no site plan shall be signed until
those conditions mandated by the Planning Board or the Town Board
to be completed before signing have been satisfied and approved by
the appropriate Town official/agent.
(7)
The agreement shall provide that no building permit shall be issued
until those conditions mandated to be completed before such issuance
have been satisfied and approved by the appropriate Town official/agent.
(8)
The agreement shall provide that no certificate of occupancy shall
be issued until those conditions mandated to be completed before such
issuance have been satisfied and approved by the appropriate Town
official/agent.
A.
Performance bonds. In all cases where site improvements are not constructed
prior to the signing of the approved site plan by the Planning Board
Chairman, a performance bond shall be posted by the developer to guarantee
to the Town that he will faithfully construct, or cause to be constructed,
the required public improvements and utilities which were an integral
part of his approved final plan.
B.
Restoration bonds. In appropriate cases where large areas of a site
will be disturbed by earth-moving or other related activities for
extended periods of time, a restoration bond shall be posted by the
developer to guarantee to the Town that he will diligently restore
and stabilize the site and will faithfully construct, or cause to
be constructed, the required public improvements and utilities which
were an integral part of his approved final plan within a reasonable
period of time.
C.
Maintenance bonds. In appropriate cases where public improvements
are dedicated to the Town, a maintenance bond may be required by the
Planning Board to assure the maintenance of required public improvements
for such period as required by the Planning Board.
D.
Application, approval and release procedure.
(1)
Performance and restoration bond estimates will be prepared by the
Town Engineer or Superintendent of Highways on forms to be provided
by the Town, and such bonds shall be satisfactory in form to the Town
Attorney.
(2)
The Planning Board will pass a resolution either approving or adjusting the performance and restoration bond estimates and will provide four copies signed by the Chairman for the use of the developer in obtaining and posting financial security as required by Chapter 36.
(3)
The developer shall present his performance and restoration bonds
executed on the standard forms, three copies, with signed copies of
the performance and restoration bond estimates attached, to the Town
Attorney at least one week prior to any Town Board meeting, for approval
as to form and sufficiency by the Town Board at such meeting.
(4)
The Town Attorney shall notify the Town Clerk prior to the Town Board
meeting that the performance and restoration bond can be added to
the agenda.
(5)
The Town Board shall approve or disapprove the performance and/or
restoration bond as presented by the Town Attorney. If those bonds
are approved, one copy of each will be forwarded to the Town Clerk
for his/her records. The Town Clerk shall send official notice to
the Chairman of the Planning Board indicating the Town Board's approval.
Simultaneously with approval of the bonds the Town Board shall, when
so required by the Planning Board, enter into a public improvement
security agreement with the developer.
(6)
After completing the construction of the public improvements covered
by the performance and restoration bonds and prior to the termination
of the bond period, the developer shall prepare a set of the approved
public improvement and utilities plan and profiles (litho prints on
vellum), amended to indicate "as constructed" information, and shall
apply to the Town Engineer, Town Inspector or Superintendent of Highways
for a final inspection of the work. The Town Engineer, Town Inspector
or Superintendent of Highways shall report to the Planning Board on
the condition of the work and recommend that the performance bond
be released, extended or declared in default. The Town Engineer, Town
Inspector or Superintendent of Highways shall also report on the desirability
of the Town's accepting the dedication of streets and offers of cession
of other lands designated for public use.
(7)
The Planning Board shall by resolution release or declare in default
each performance and restoration bond. The Planning Board can act
to extend the term of the bond in appropriate cases where such action
would not be contrary to the intent of this regulation.
(8)
The Planning Board shall determine which bonds are required for applications
pending before the Planning Board. In addition to the provisions herein
that delegate responsibility for bond estimates to the Town Engineer,
the Planning Board may, by resolution, delegate responsibility, as
the Board determines appropriate, for all estimates of the amounts
of any required bonds to the Town Engineer for applications that come
before the Planning Board. Where such estimate amounts have not been
sufficiently included in a public improvement security agreement or
resolution of approval, the Planning Board shall include a condition
in any such agreement or resolution indicating that such approval
is subject to posting of the required restoration or performance bond
in an amount recommended by the Town Engineer and acceptable in form
to the Town Attorney.
E.
Terms of bonds; extensions.
(1)
Performance bonds shall have a maximum term of two years.
(2)
The term of a previously approved performance bond may be extended
by petition to the Planning Board. When deemed appropriate by the
Town Board, a performance bond, or any portion thereof, may be transferred
for use as a maintenance bond.
(3)
Maintenance bonds shall have a minimum term of one year.
A.
All public improvements and utilities shall be inspected by the Town
Engineer, the Town Inspector retained for such purpose or the Superintendent
of Highways to ensure satisfactory completion.
B.
In no case shall any public improvement be constructed without permission
from the Town Engineer, Town Inspector or Superintendent of Highways.
At least three days' notice shall be given to the Town Engineer, Town
Inspector or Superintendent of Highways prior to any such construction,
so that a representative of the Town may be present at the time the
work is to be done.
C.
The Town Engineer, Town Inspector or Superintendent of Highways shall
be notified after each public improvement identified in the resolution
of approval and/or public improvement security agreement has been
completed, so that he or his representative may inspect the work.
D.
Whenever work on any public improvement appears, in the opinion of
the Town Engineer, Town Inspector or Superintendent of Highways, to
be in need of alteration in order to properly protect the public safety,
health or welfare, then the Town Engineer, Town Inspector or Superintendent
of Highways shall have the authority to modify the approved plans,
by way of authorizing a field change, so as to properly protect the
public safety, health or welfare.
E.
Whenever the Town Engineer, Town Inspector or Superintendent of Highways
determines that any change any of them deems necessary to properly
protect the public safety, health or welfare is of such magnitude
or so different from the approved plan in terms of concept or design,
he or she may seek the advice and guidance of the Planning Board as
to how to implement such a change.
F.
A final inspection of all public improvements and utilities will
be made to determine whether the work is satisfactory and in substantial
agreement with the approved final plat drawings and the Town specifications.
If any field changes have been authorized and/or deemed necessary
by the Town Engineer, a certified as-built plan must be submitted
for review and approval as well. The general condition of the site
shall also be considered. Upon a satisfactory final inspection report,
action will be taken to release the performance bond covering such
improvements and utilities.
[Amended 6-18-2018 by L.L. No. 7-2018]
Any applicant who has received site plan approval shall, prior
to signing of the plans, deliver to the Town a certified or cashier's
check payable to the order of the Town for the inspection fees in
the amount of 5% of the amount of the performance security or 5% of
the estimated cost of required improvements unless estimated otherwise
in writing by the Town Engineer, in order to cover the expense of
the Town inspecting the various improvements proposed on the site
plan. The inspection fees so deposited may be modified annually as
determined by a resolution of the Town Board. Inspection fees are
not held in escrow or otherwise considered as deposits with the Town.
In the event that improvements are not constructed and no inspections
are conducted, an applicant may submit a request, in writing, to the
Town Board for a refund, which will not be unreasonably denied.
