A subdivider who proposes to develop a major subdivision in
the Town of Rhinebeck shall comply with the regulations provided in
this article regarding the posting of performance guarantees and the
provision or installation of utilities and other required improvements.
In making determinations regarding the necessity and extent
of the provision and installation of required subdivision improvements,
the Planning Board shall take into consideration the prospective character,
density and uses within the proposed subdivision, whether residential
or commercial.
A.
Required improvements. The Planning Board shall require the provision and installation of the following improvements in accordance with the Town Law, unless it shall specifically waive in writing any such improvements as provided in Article X, § 101-10.1, of these regulations:
(1)
Parks, playgrounds, or other public open spaces of adequate
size and location for recreational purposes;
(2)
Paved streets, roadways, common driveways, and driveway aprons;
(3)
Street signs and posts;
(4)
Pedestrian ways;
(5)
Bicycle facilities;
(6)
Streetlighting;
(8)
Street trees and treatment of buffer areas and other required
landscaping;
(9)
Water supply and fire protection facilities;
(10)
Sanitary sewage disposal facilities;
(11)
Storm drainage facilities;
(12)
Franchise utilities;
(13)
Seeding and other means of erosion control for all lands within
the subdivision tract, including all lots, common areas and rights-of-way;
and
(14)
Monuments or other acceptable markers suitably placed and installed,
including installation of stone cairns at the corners of all open
space conservation lands.
B.
Standards for installation. All improvements required by the Planning
Board shall be installed in accordance with standards, details, specifications,
and procedures acceptable to the appropriate Town departments or as
provided in these regulations.
C.
Modifications of the design of improvements shown on the approved
plat. If at any time before or during construction of the required
improvements shown on the approved plat it is demonstrated to the
designated Town Engineer that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the designated Town Engineer may, upon concurrence of the Chairman
of the Planning Board, authorize minor modifications which are within
the spirit and intent of the Planning Board's approval and do
not extend to constitute the waiver or substantial alteration of the
function of any of the improvements required by the Planning Board.
The designated Town Engineer shall issue any such authorization in
writing and provide a copy thereof to the Clerk of the Planning Board
for report to the Planning Board at its next regular meeting.
D.
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the Town Clerk for purposes of establishing an escrow account the
inspection fee required by the Town Board and shall notify the Town
Board in writing of the time when he or she proposes to commence construction
of such improvements so that the Town Board may cause such inspection
to be made to assure that all Town specifications and requirements
shall be met during the construction of required improvements and
utilities as required by the Planning Board. The inspection fee shall
provide reimbursement to the Town for actual direct costs incurred
for such engineering services, as specified on the subdivision fee
schedule established and annually reviewed by the Town Board upon
recommendation of the Planning Board.
(1)
In order to facilitate inspection of required improvements during
construction, the applicant shall notify the designated Town Engineer
at least three working days before reaching each of the following
stages of construction:
(2)
The subdivider shall not proceed to work on any stage subsequent
to the first stage until the work of the previous stage has been inspected
and approved by the designated Town Engineer, or a representative
who may be duly authorized by the Town Board. In the case of any other
improvements, the designated Town Engineer shall inspect the work
at such progressive stages as he or she shall specify. The designated
Town Engineer shall certify in writing to the Planning Board that
the work was inspected by him or her and was found to be in accordance
with the approved plans and specifications.
E.
Proper installation of improvements. If the designated Town Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance guarantee (per § 101-5.2),
that any of the required improvements have not been constructed in
accordance with plans and specifications filed by the subdivider,
he or she shall so report to the Town Board, the Zoning Administrator
and the Planning Board. The Town Board shall then notify the subdivider
and, if necessary, the bonding company and take all necessary steps
to preserve the Town's rights under the performance guarantee.
No plat shall be approved by the Planning Board as long as the subdivider
is in performance default on any previously approved plat within the
Town of Rhinebeck.
A.
The
subdivider shall deliver to the Town Clerk a performance bond or equivalent
security (subject to Town Attorney review) to guarantee thereby to
the Town that the subdivider shall faithfully cause the required improvements
to be constructed and completed. The improvements shall be completed
within a period of one year or such other period as the Planning Board
may determine appropriate but not exceeding three years, and shall
be set forth in the bond. The subdivider shall convey the required
lands and improvements, where applicable, to the Town free and clear
of any and all encumbrances.
B.
Procedure. Before the Planning Board grants final approval of the final subdivision plat, the subdivider shall provide to the Clerk of the Planning Board a detailed engineer's cost estimate for all required improvements for review and concurrence by the designated Town Engineer and shall subsequently follow the procedure set forth in either Subsection B(1) or A(2) herein:
(1)
In any 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 guarantee to cover the full cost of the
required improvements. Any such performance bond or equivalent security
shall comply with the requirements of § 277 of the Town
Law and, further, shall be satisfactory to the Town Board and Town
Attorney as to form, sufficiency, manner of execution and surety.
A period of one year or such other period as the Planning Board may
determine appropriate, but not exceeding three years, shall be set
forth in the bond or equivalent security as the period within which
the required improvements must be completed. The subdivider shall
additionally file a copy of said certified check or other performance
guarantee with the Clerk of the Planning Board, with a copy to the
Town Clerk. If the Planning Board shall decide at any time during
the term of the performance guarantee that the extent of building
development that has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such performance guarantee,
or that required improvements have been installed as provided in this
article and by the Planning Board in sufficient amount to warrant
reduction in the face amount of said bond, or that the character and
extent of such development requires additional improvements previously
waived for a period stated at the time of fixing the original terms
of such bond or equivalent security, the Planning Board may modify
its requirements for any or all such improvements. The face value
of such performance guarantee shall thereupon be reduced or increased
by an appropriate amount so that the new face value will cover the
cost in full of the amended list of improvements required by the Planning
Board, and any security deposited with the bond may be reduced or
increased proportionately, as determined by the Planning Board in
concert with the Town Engineer. In no event shall the required security
be reduced to less than the future maintenance bond amount, as per § 101-5.5.
(2)
The subdivider shall complete all required improvements to the
satisfaction of the designated Town Engineer, who shall file with
the Clerk of the Planning Board a letter signifying the satisfactory
completion of all improvements required by the Planning Board in accordance
with § 101-5.5. 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, in addition to the
cost of satisfactorily installing any improvements not approved by
the designated Town Engineer. Any such bond shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety. The subdivider shall additionally file a
copy of said certified check or other performance guarantee with the
Clerk of the Planning Board.
No required improvements shall be considered to be completed
until the installation of the improvements has been approved by the
designated Town Engineer and a map certified by the applicant's
engineer and satisfactory to the Planning Board has been submitted
indicating the specific location of all underground utilities as actually
installed. If the subdivider completes all required improvements according
to the provisions of § 101-5.2B(2) above, then said map
shall be submitted prior to signature of the final plat by the Planning
Board Chair. However, if the subdivider elects to provide a performance
guarantee for all required improvements as specified in § 101-5.2B(1)
above, such bond or equivalent security shall not be released until
the required as-built drawing is submitted and deemed satisfactory
by the Planning Board, in conjunction with the Town Engineer.
The subdivider shall file with the Town Clerk on behalf of the
Town Board a maintenance bond in an amount of 20% of the cost estimate
for installation of required improvements and which shall be adequate
to assure the satisfactory condition and operation of the initial
public improvements for a period of two years following their completion
and acceptance, where applicable, by the Town Board. Such maintenance
bond shall be satisfactory to the Town Attorney as to form, manner
of execution and surety and in an amount satisfactory to the designated
Town Engineer. The subdivider shall additionally file a copy of said
certified check or other performance guarantee with the Clerk of the
Planning Board. The required term of the maintenance bond may, upon
recommendation of the designated Town Engineer, be established for
a maximum period of five years and increased to 30% of the cost estimate
for installation of landscaping, erosion control and stormwater management
improvements. The Town retains the right to apply cost escalation
factors to protect against inflation. The Town retains the right to
specify time deadlines for the completion of any or all improvements.
A.
Filing requirements. The subdivider shall file with the Town Clerk
a general liability insurance policy at the same time that he or she
files his or her performance guarantee. The policy shall be acceptable
to the Town Attorney and designated Town Engineer and shall be in
force during the entire term of the performance guarantee and shall
be extended in conformance with any extension of the performance guarantee.
The subdivider shall additionally file a copy of said policy with
the Clerk of the Planning Board and, as may be applicable, the Town
Superintendent of Highways. A current copy of the insurance policy
shall remain on file at all times at the Town Clerk's office.
B.
Limits of coverage. The policy shall insure the Town and the subdivider,
and shall cover all operations in the development involving continuation
and maintenance of property and buildings and contracting operations
of every nature involving all public improvements. Said policy shall
have limits of liability of $2,000,000 for bodily injury and/or property
damage per occurrence or such other limits as the Planning Board may
require, upon recommendation of the designated Town Engineer and/or
Town Attorney.
A.
Service connections. When public franchise utilities are to be installed,
the subdivider shall submit to the Planning Board written assurances
from each public utility company that such company will make the necessary
service installations within a time limit and according to specifications
satisfactory to the Planning Board, which shall include the underground
installation of all on-site and, to the extent practicable, off-site
extensions in accordance with rules and regulations promulgated by
the New York State Public Service Commission.
B.
Easements or other releases. The final plat shall include statements
made and signed by the owner granting all necessary easements or other
releases where required for the installation of public franchise utilities.
