Before the Planning Board enacts final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A or B below:
In an 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 bond to cover the full cost of the required improvements. Said subdivider may also provide a letter of credit The letter of credit shall be an irrevocable letter of credit, and the town shall require that the letter of credit be presented to a local confirming bank. The draft demand for payment shall be accompanied by a sworn statement, signed by the appropriate official of the town (Town Supervisor), stating that the developer is in default. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the 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 and the cost of satisfactorily installing any improvement not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution and surety.
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and an as-built plan map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection B, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer.
The Planning Board may employ consultants, legal counsel, professional engineers and/or inspection services for their assistance and advice in the review of any application before it and for such purposes as the Planning Board may require therefor, including on-site investigation, evaluation and inspection; verification of the accuracy of information submitted; evaluation of the adequacy of plans, of the sufficiency of submitted reports, flood hazard evaluation; and study of the impact of proposals upon the resources and environment of the town; preparation and/or review of environmental impact statements; review of the design and layout of improvements; inspection of installed improvements; and such other services or technical assistance as the Planning Board shall deem necessary for its review of such application and for the administration of these regulations in relation thereto.
All costs incurred for such services shall be borne by the subdivider; as further provided below, deposits shall be required in advance to cover the estimated costs of said services. Such deposits shall be in the amounts adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule. Fees for the preparation of, or review of, environmental impact statements shall be as determined by 6 NYCRR, Part 617, adopted pursuant to Article 8 of the Environmental Conservation Law.
[Amended 6-13-2005 by L.L. No. 6-2005]
Deposits due for such said services as are deemed by the Planning Board to be required for its appropriate review of any particular application shall be filed by the subdivider, or his duly authorized agent, with the Town Clerk by certified check endorsed to the Town of Fort Edward. An application shall not be complete until all such aforementioned deposits have been received; no application shall be deemed complete by the Planning Board until the requirements of this section have been complied with.
In like manner, deposits required for such services as are related to the development of a plat and the installation of improvements therein shall be filed in the Town Clerk's office before final plat approval (signing of the plat by the duly authorized officer of the Planning Board).
The balance of such deposits, if any, remaining in excess of such incurred costs shall be returned by the Town Board to the depositor, or paid to the order of the depositor, without payment of interest.
Any deficiency in the amount of such deposits to cover such incurred costs in full shall be submitted to the Town Clerk on or before the specified due date; building permits and/or certificates of occupancy may be withheld for construction within a plat for which any balance of such an amount due remains unpaid until said balance has been duly submitted in full.
If at any time before or during construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waive or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at their next regular meeting.
At least seven days prior to commencing construction of required improvements, the subdivider 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 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 required by the Planning Board.
If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, 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 and the Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the town's rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
The Planning Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved subdivision plat.
Permanent monuments shall be set at block corners and at the beginning and end of all curves and at such other points are necessary to establish definitely all lines of the plat, except those outlining individual lots. In general, permanent monuments shall be placed at all critical points necessary to correctly lay out any lot in the subdivision.