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:
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.[1] 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]
C.
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.
D.
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).
E.
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.
F.
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.
A.
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.
B.
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.
