Town of Monroe, NY Required Public Improvements

Each applicant and developer, including all assignees and successors in interest, shall become and remain responsible for the completion of all public improvements.

[1]

Editor's Note: This local law also stated that, to the extent that it departs therefrom, it supersedes Town Law § 277, Subdivision 9.

§ A65-25.2 List of discretionary public improvements.

[Added 12-4-2000 by L.L. No. 5-2000[1]]

The following improvements may, where incorporated on a plat 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 plat 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 degradation of air and water quality by airborne or 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 sight 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, so that the site can be stabilized 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)

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 and welfare impacts.

Each applicant and developer, including all assignees and successors in interest, shall become and remain responsible for the completion of all public improvements.

[1]

Editor's Note: This local law also stated that, to the extent that it departs therefrom, it supersedes Town Law § 277, Subdivision 9.

§ A65-25.3 Scheduling of public improvements.

[Added 12-4-2000 by L.L. No. 5-2000[1]]

As part of its final approval review, 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.

Unless no public improvements are required, no final subdivision approval shall be granted 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.

(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 the developer fails to complete all public improvements or delays unreasonably in his obligation to complete same.

(6)

The agreement shall provide that no plat shall be signed or released for filing until those conditions mandated by the Planning Board or the Town Board to be completed before signing and filing 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.

[1]

Editor's Note: This local law also stated that, to the extent that it departs therefrom, it supersedes Town Law § 277, Subdivision 9.