The construction of the subdivision shall proceed
in accordance with the final plat approval. Requirements of the subdivider
during construction are herein stated for the following purposes:
A.
To ensure that the subdivision is constructed in accordance with all plans and details submitted and approved under Article V, Final Plat Review and Approval, of these regulations.
B.
To ensure the proposed subdivision meets all requirements of Article VIII, Design Standards, of these regulations.
C.
To ensure the public health, safety and welfare during
the construction of the subdivision.
D.
To finalize all agreements, transfer of land and improvements
to be dedicated for public use.
A.
Availability of plans. During construction operations,
the subdivider shall maintain a copy of the approved drawings on the
site. Such plans will be used for review of work in process. If such
drawings are not available on site, construction may be stopped until
such time as the subdivider can provide and maintain the appropriate
plans at the construction site.
B.
Construction sequence. Prior to installation of road
pavement, the developer shall, at his own cost and expense, cause
to have installed utilities and services, including water mains, storm
drains and sanitary sewer, including laterals to the property lines.
C.
Signing.
(1)
Street signs shall be supplied and installed by the
Town of Moreau and shall be installed as soon after beginning of construction
of the road as possible to ensure proper inspection and for identification
by emergency vehicles, especially fire trucks and ambulances. The
subdivider shall notify the Town Highway Superintendent at the earliest
possible time that signs may be installed.
(2)
Prior to constructing any buildings, each lot shall
have posted, visible from the public road, the lot and block number
to ensure proper inspection and identification for emergency vehicles,
especially fire trucks and ambulances.
D.
Review by town officials. The Building Inspector and
Zoning Enforcement Officer shall act as agent to the Planning Board
for the purpose of assuring the satisfactory completion of improvements
required by the Planning Board. Each phase of road construction must
be inspected by the Highway Superintendent. If the Planning Board
or the Zoning Enforcement Officer finds, upon inspection, that any
of the required improvements have not been constructed in accordance
with Planning Board recommendations or the approved construction plans
or details, the applicant and the bonding company, if any, will be
severally and jointly liable for the costs of completing said improvements
according to specifications.
E.
Construction inspection. The Town shall retain a licensed
professional engineering consultant to inspect the installation of
all utilities and road construction and confirm for the town's
benefit that construction is in accordance with the approved subdivision
drawings. The engineer shall provide written approval prior to any
continued construction on the subdivision. The cost of this construction
inspection service shall be borne by the subdivider and shall be paid
to the Town prior to the acceptance of any roads in the subdivision.
[Amended 6-14-2022 by L.L. No. 3-2022]
F.
Monuments.
(1)
A system of permanent monuments shall be located at
all corners of all lots, intersections and angle points after the
subdivision improvements are completed. Such monuments shall be installed
by the engineer or land surveyor during the performance of the field
work.
(2)
Monuments at intersections and angle point of streets
shall be substantial granite posts with a cross on top or concrete
posts four inches square. Monuments shall be accurately set, not less
than three feet in the ground. Monuments at the corners of lots not
coincidental with the street corners shall be iron rods set accurately
not less than three feet in the ground.
G.
Driveway permits. A driveway permit shall be required
for all lots to be developed in the subdivision.
H.
Record drawings. Prior to release of any funds in
escrow or monies or commitments held by the town to the subdivider,
approved record drawings conforming to construction records shall
be submitted to the Town Planning Department. Such drawings shall
be reviewed, approved and signed-off by the Highway Department. Water
Department (for water and sewer) and the Zoning Officer.
I.
No clearing or construction shall begin prior to receiving final
approval and permits from all local, county, and state agencies.
[Added 6-14-2022 by L.L.
No. 3-2022]
A.
Preconstruction conference. Once the subdivision plat
has been filed and prior to any clearing, demolition or excavation
on the subdivision site, the subdivider or his authorized agent shall
meet with the officials from the Town Highway Department, Water Department
and Zoning Enforcement Office to discuss town requirements, scheduling,
inspection procedures and other issues pertinent to the construction
phase of the subdivision as set forth in this Article.
B.
Variance from plans.
(1)
If, upon inspection, any required improvements are not able to be constructed in accordance with the approved plat or construction plans or details to the extent that lot lines of the subdivision will be altered or where construction cannot be completed in accordance with the design standards established under Article VIII of these regulations, the subdivision shall be resubmitted to the Planning Board for review and approval under Article V. Final Plat Review and Approval, of these regulations.
(2)
In the event that any such modification is constructed
without Planning Board approval, the Board shall institute proceedings
to have the plat stricken from the records of the County Clerk.
C.
Public streets, parks and recreation areas.
(1)
Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not constitute an acceptance by the town of a street or road in accordance with Article VIII, Design Standards, and other town standards related to the construction of roads and highways. Before the town accepts the street or road, the Town Highway Superintendent shall review said road or street and make recommendations to the Town Board for acceptance.
(2)
Ownership and maintenance of parks and recreation
areas. When a park, playground or other recreation area or open space
shall have been shown on a plat, the approval of the plat shall not
constitute an acceptance by the town of such area. The Planning Board
shall require the plat to be endorsed with appropriate notes to this
effect. The Planning Board may also require the filing of a declaration
of dedication for any such area, which shall dedicate that area for
the common use approved by the Town Board, which declaration shall
be recorded in the Saratoga County Clerk's Office at the developer's
expense. Such common area shall be assessed from the time of filing
of the approved subdivision plat to all parcels in the plat benefiting
therefrom.
(3)
Title insurance and fees. An abstract of title continued
to recent date showing marketable title to the premises offered for
dedication or, in the alternate, a policy of title insurance insuring
the fee interest of said land to the Town of Moreau in amount not
less than $10,000 shall be required. The subdivider shall be required
to pay any and all deed recording fees and taxes required for the
transfer of property.
