In accordance with § 277 of the Town
Law, after adoption of a resolution approving a final subdivision
plat and before the plat is endorsed by the Planning Board Chairman,
the applicant shall be required to complete, at his expense and without
reimbursement by the Town or any special district, all street and
other improvements as shown on the approved construction plans or
as otherwise specified in the resolution or, as an alternative, to
file with the Town Board a bond in an amount fixed by the Planning
Board in its resolution as sufficient to secure to the Town the satisfactory
construction, installation and completion of the required improvements.
Such bond shall state the period within which the required improvements
must be completed, which period shall be that specified in the Planning
Board resolution. All improvements shall be done to the satisfaction
of the Planning Board, in the manner outlined below, with the certification
of the appropriate official having jurisdiction, to include the Town
Engineer, the Superintendent of Highways, the Superintendent of Water
and Sewer Districts and the Building Inspector, that they are in accordance
with the approved construction plans and the requirements of these
regulations and the Town construction standards and specifications.
A.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements
are not complete within the period specified in the Planning Board
resolution of approval, such approval shall be deemed to have expired,
unless, upon request of the applicant, the period has been extended
by resolution of the Planning Board. Should such approval expire,
the Planning Board may place a notice on the vacant subdivision lots
indicating that they are not in compliance and a lien may be placed
on said lots in an amount necessary to complete the improvements,
or the Planning Board may take alternative action if it deems it appropriate.
(2)
Where a bond is filed. If all required improvements
are not completed within the term specified by the Planning Board
and set forth in the filed bond and if no application for the extension
of such period and bond has been made by the applicant and approved
by the Planning Board, the Town Board may thereupon declare said bond
to be in default and collect the sum remaining payable thereunder,
and upon receipt of the proceeds thereof, the Town shall install such
improvements as are covered by the bond and are commensurate with
the extent of building development that has taken place in the subdivision
but not exceeding, in cost, the amount of such proceeds.
B.
Modification of bond.
(1)
Extension of period specified in bond. The time period
specified for the completion of all required improvements, as set
forth in the bond, may be extended only by resolution of the Planning
Board upon request, in writing, by the applicant, setting forth in
detail the amount of work which has been completed, the reasons for
failure to complete the remainder of the work within the specified
period, the maximum estimated time required to complete the remainder
of the work and the time period extension which is requested. In addition
to an approved bond, a cash escrow fund equal to 20% of the cost of
the complete improvements, as certified by the Town Engineer as to
amount, shall be available to the Town, in a manner satisfactory to
the Town Attorney as to its availability up to one year beyond the
completion of all improvements, for use by the Planning Board in completing
the improvements and correcting unforeseen problems with their improvements.
(2)
Reduction of bond. An applicant may request, in writing,
that the Planning Board authorize a reduction in the amount of the
bond. Such request shall itemize the extent of required improvements
already completed, the estimated cost of improvements remaining to
be completed and the amount of bond reduction requested. Upon approval
of the Town Board and after due notice and public hearing, the Planning
Board may, if it determines that sufficient required improvements
have been installed to warrant such action, reduce the face amount
of the bond by an appropriate amount so that the new amount will cover
the costs in full of all required improvements remaining to be completed,
and any security deposited with the bond may be reduced proportionately.
C.
Modification of requirements. If, at any time either
before or during the course of construction of the required improvements,
it is determined by the Planning Board, based upon a report from the
Town Engineer, that unforeseen conditions make it necessary to modify
the location or design of any improvements, the Board may modify the
terms and conditions of the approval so as to require such changes
as may be necessary to comply with the spirit and intent of the Board's
original approval and to conform to accepted engineering practices.
If such modification affects the scope of work covered by a bond,
the Board may require or allow appropriate modifications of such bond.
D.
Additional requirements to ensure completion of improvements.
(1)
Offer and acceptance. A deed for public water systems
and public sewer systems shall be offered and accepted prior to the
issuance of any building permits.
(2)
Limit on building permit number. The number of building
permits on any subdivision shall be limited to 70% of the buildable
lots until such time as all roads and utilities are completely installed
and accepted.
(3)
Limit on building permit issued designees. For construction
of an original house in a filed plat subdivision, no building permits
shall be issued to anyone other than the developer and no certificates
of occupancy shall be issued to anyone until all required improvements
are completed and accepted by the Town, except the Town may permit
funds in escrow for final pavement, grading and seeding.
In coordination with and with the cooperation
of the Town Building Department, the Town Engineer, the Superintendent
of Highways and the Superintendent of Water and Sewer Districts shall
be responsible for inspecting required improvements during construction
to ensure their satisfactory completion and, upon such completion,
shall furnish the Planning Board with a statement to that effect.
If the above Town officials determine that any of the required improvements
have not been constructed in accordance with the approved plan, the
applicant shall be responsible for properly completing said improvements.
Failure of the above Town officials to carry out inspections of required
improvements during construction shall not in any way relieve the
applicant or the bonding company of their responsibilities related
to the proper construction of such improvements.
A.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the applicant shall notify the Town officials
specified in this section at least three working days before reaching
each of the following stages of construction:
(a)
Clearing and grubbing. Grade stakes shall be
placed and maintained by the developer for all road cut and fill areas
as well as all utility lines and appurtenances.
(b)
Initial placement of fill or initial excavation
or earth cutting.
(c)
Rough grading completed.
(d)
Drainage and other underground facilities installed,
but prior to backfilling.
(e)
After road subbase is compacted and ready for
base course.
(f)
When each pavement course is being applied.
(g)
After completion of all improvements.
(2)
The applicant shall not proceed to work on any stage
subsequent to the first stage until the work has been inspected and
approved by the Town officials specified in this section or their
duly authorized representative(s). In the case of any other improvements,
the Town officials specified in this section shall inspect the work
at such progressive stages as they shall specify and shall certify
to the Planning Board that the work was inspected by them and was
in accordance with the approved plans and specifications.
B.
Certification of material data. Upon request of the
Town officials specified in this section or their duly authorized
representative(s), the applicant shall furnish a certification from
the manufacturer as to classification of concrete or gage of metal
pipe used, A.I.S.C. classification of steel beams, classification
of concrete (twenty-eight-day compression test rating) and other similar
classifications and standards. In the case of asphalt concrete, the
applicant shall furnish a certification from the bituminous concrete
supplier providing mix data, including aggregate source and grading,
quantities of all ingredients and critical temperatures.
C.
Test specimens. When test specimens are requested
by the appropriate Town officials specified in this section or their
duly authorized representative(s), the contractor shall cut and transport
the necessary sample to a laboratory selected by these officials.
Costs of tests and reports shall be borne entirely by the applicant.
D.
Certificate of construction. At such time as the applicant
has completed construction of all required improvements, he shall
furnish to each of the appropriate Town officials specified in this
section a copy of an as-built plan and profile which show the actual
location of all paved streets, culverts, headwalls, drains, manholes,
catch basins, sidewalks, curbs, utility lines and equipment, monuments,
street signs, street trees and all other required improvements, as
constructed, and all other pertinent information, such as cross sections
of the streets at intervals determined by the Town Engineer, the culvert
and drain grades, sewer grades, sidewalk and curb grades and invert
elevations at manholes. Such plans and profiles shall bear a dated
certification by a professional engineer or licensed surveyor to the
effect that the data shown thereon was accurately determined by field
survey. If the location or accuracy of improvements does not, in the
opinion of the Planning Board based upon a report from any of the
appropriate Town officials specified in this section, fully comply
with the approved construction plans and specifications, the Planning
Board shall have the right to refuse to sign the final plat or release
the bond until such situation is corrected.
E.
Inspection fee. To offset the costs incurred by the Town in conducting inspections, all applicants for approval of subdivisions involving the construction of streets and/or other improvements shall be required to submit an inspection fee, payable to the Town of Mount Pleasant, equal in amount to 3% of the estimated cost of improvements, as determined by the Planning Board based upon a report of the Town Engineer. Upon completion of the subdivision and when the developer has requested, in writing, that each of the appropriate officials specified in this section make his final inspection before accepting all improvements, one final inspection will be made. Should it be found that items are not complete and that subsequent inspections are required, each subsequent inspection requested, in writing, by the applicant shall cost a sum as set forth in Ch. A224, Fees.
A.
Offers of cession. All streets, parks, utilities such
as water and sewer and easements shall be indicated on the plat. In
accordance with § 278 of the Town Law,[1] the applicant may add as part of the plat a notation,
if he so desires, to the effect that no offer of dedication of such
streets or parks, or any of them, is made to the public. All offers
of cession to the public of all streets and parks not so marked shall
be considered as filed with the Planning Board at the time of submission
of the final plat application.
[1]
Editor's Note: Town Law § 278 was
renumbered as Town Law § 279, effective July 1, 1993.
B.
Acceptance by Town. Acceptance of any offer of cession
of streets or parks shall rest with the Town Board. In the event that
the applicant shall elect not to file the plat in the office of the
County Clerk within the period prescribed for such filing, then such
formal offer of cession shall be deemed void. The approval by the
Planning Board of a subdivision plat shall not be deeded to constitute
nor imply the acceptance by the Town of any streets, parks or other
areas shown on said plat, and the Planning Board may require the addition
of appropriate notes to this effect on the plat.
C.
Maintenance. In the event that no offer of cession
to the public is made for the streets, parks and required easements
shown on the plat, there shall be submitted with the final application
copies of agreements or other documents providing for the suitable
maintenance of such facilities and a statement of all rights which
exist with respect to each of them. The adequacy of such documents
shall be subject to Planning Board approval, based upon recommendations
of the Town Attorney. The Town of Mount Pleasant shall not be responsible
for the maintenance of any such facilities unless formally accepted
by the Town.
The Planning Board may waive, subject to appropriate
conditions, the provision of any or all such improvements and requirements
as, in its judgment of the special circumstances of a particular plat,
are not requisite in the interest of the public health, safety and
general welfare or which, in its judgment, are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision. Such waivers, if any, shall be consistent with
Town construction standards and specifications.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond unless it is determined by the Planning Board
that the following conditions have been complied with:
A.
Status of street improvements. The improvement of the street or streets giving access to the structure has progressed to a stage deemed adequate by the Planning Board to render safe all-weather vehicular access for both routing and emergency purposes. Bonding shall not be permitted for construction steps in § A227-18A(1)(a), (b), (c), (d) or (e) of these regulations. These steps shall be completed before the issuance of building permits to the degree which the Planning Board deems necessary in its relationship and support of the structures for which the building permits are being requested. In a similar manner, all construction steps in § A227-18A(1)(a) through (g) shall have been completed and approved by the Planning Board before the issuance of certificates of occupancy.
B.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the Town Board. If the street is not to be offered for dedication to the Town, such an agreement shall have been required in accordance with § A227-19C of these regulations.
C.
Street address numbers. The applicant has made written
request to the Town Engineer and the United States Postal Service
for street numbers and/or postal addresses for all proposed building
lots.
