A.
The developer shall be required to carry away, by
natural watercourse, pipe or stream, any spring or surface water that
may exist either previous to or as a result of the subdivision. Such
drainage facilities shall be located in the road rights-of-way or
in perpetual unobstructed easements of appropriate width and shall
be constructed in accordance with the Construction Standards.[1]
B.
A culvert or other drainage facility shall, in each
case, be large enough to accommodate potential runoff from its entire
upstream drainage area, whether inside or outside the subdivision.
The Town Engineer shall determine the necessary size of facility based
on the provisions of the Construction Standards, assuming conditions
of maximum potential development in the watershed permitted by the
applicable zoning laws.[2] The applicant's licensed New York State hydrologic engineer
shall determine, and the Town Engineer shall review, the effect of
each subdivision on existing downstream drainage facilities outside
the area of the subdivision.
C.
Where it is anticipated that the additional runoff
incident to the development of the subdivision will overload an existing
downstream drainage facility, the Planning Board may withhold approval
of the subdivision until provision has been made for improvement of
said potential condition.
D.
The applicant shall, at his own expense, provide additional
storm drainage facilities as may be required by the Town Superintendent
of Highways if, during the course of the work, in the opinion of the
Town Superintendent of Highways, the Town Engineer and/or the County
Superintendent of Highways, such additional structures or facilities
are necessary to ensure the durability of pavement, the future maintenance
of rights-of-way or the welfare or safety of the public. The Town
Planning Board may modify these requirements where there are practical
difficulties or extraordinary hardships in the way of carrying out
the strict letter of such requirement.
A.
Where utilities required by the Planning Board are
to be installed by a public utility company or town improvement district,
the Planning Board may accept assurance from the public utility or
improvement district, in writing, that such installations will be
furnished by the company or improvement district within a specified
period of time and in accordance with the approved construction plan.
B.
The developer shall install underground utilities,
electric, telephone, etc., in the streets and on the lots unless this
requirement, after recommendation of the Superintendent of Highways
or Town Engineer, is waived by the Planning Board.
Street signs of a type illustrated in the Town
Construction Standards[1] shall be provided by the applicant and placed at all intersections
in locations within the right-of-way as approved by the Superintendent
of Highways or the Town Engineer.
Streetlighting standards shall be of a type
specified in the Construction Standards and shall be placed in a manner
and location approved by the Town Engineer. In the case of a subdivision
involving a county or state highway, approval shall be obtained from
the County Superintendent of Highways.
The Planning Board shall require street trees at forty-foot intervals, in accordance with the Construction Standards, and within the shade-tree easement as specified in § A176-72, along all existing or proposed streets, except where, in the judgment of the Superintendent of Highways or Town Engineer, trees will interfere with either the proper line of sight or the public safety.
The subdivider shall install sanitary sewer
facilities in a manner prescribed by the Town Construction Standards. [1] The appropriate applications shall be submitted by the
developer to enable the Town Board to extend or create a sanitary
sewer district for the purpose of providing sanitary sewers to the
subdivision.
The appropriate applications shall be submitted
by the developer to enable the Town Board to extend or create a water
supply district for the purpose of providing fire hydrants to the
subdivision where public water is available. To eliminate future street
openings, all underground utilities for fire hydrants shall be provided
before any final paving of streets.
All required improvements shall be made at the
applicant's expense, without reimbursement by the town or any district
therein.
Before the plat is signed by the Chairman of
the Planning Board, the applicant shall be required to post a performance
bond and deliver 10% in cash or securities at the time of application,
estimated by the Town Engineer and approved by the Planning Board
as sufficient to secure to the town the satisfactory construction
and installation of the uncompleted portion of the required improvements.
Such performance bond shall comply with the requirements of § 277
of New York State Town Law and shall be satisfactory to the Town Board
as to form, sufficiency and manner of execution. The period within
which required improvements must be completed shall be specified by
the Planning Board and expressed in the bond.
Prior to the issuance of a building permit for
any lot, the applicant shall complete all necessary rough-grading
drainage improvements within all road rights-of-way fronting or drainage
easements serving such lot in order to ensure suitable access to the
building lot by emergency vehicles.
A.
Prior to the issuance of a certificate of occupancy
for a structure on any lot not fronting on any improved public street,
the applicant shall complete storm drainage, curbs, sidewalks and
sanitary sewerage construction within the right-of-way and any easements
affecting that lot and all rights-of-way between that lot and existing
improved public streets; shall have installed all utilities, including
house connections and streetlighting, in such right-of-way; and shall
fine-grade and construct base course and asphaltic concrete binder
course to the full design widths of street pavement.
B.
Prior
to the issuance of a certificate of occupancy for any structure, the
boundary pins must first be installed at all property corners.
[Added 7-8-1991 by L.L. No. 3-1991]
A.
The applicant shall be required to maintain all improvements
and provide for snow removal on streets and sidewalks, if required,
until the acceptance of said improvements by the Town Board. If there
are any certificates of occupancy on a street not dedicated to the
town, the town may, on 12 hours' notice, plow the street or effect
emergency repairs and charge the same to the developer.
B.
The applicant shall be required to file a maintenance
bond with the Town Board, prior to dedication, in an amount considered
adequate by the Town Engineer, but no less than 20% of the performance
bond, in order to insure the satisfactory condition of the required
improvements for a period of one year after the date of their acceptance
by the Town Board and dedication of the same to the town.
C.
Prior to acceptance by the town of the dedication
of the street, the developer shall file with the Town Clerk evidence
that he has taken out, for the same period of time as the maintenance
bond, an insurance policy in the amounts of $1,000,000 for public
liability and $50,000 for property damage, naming as the insured the
Town of Haverstraw and all town officials and employees. The purpose
of this requirement for insurance is to protect and defend the town
against any claims which may arise because of the operations of the
developer or possible defects in work performed by the developer.
D.
Subsequent to the acceptance of the dedication of
the street and after receipt of the maintenance bond and evidence
of insurance by the town, the Town Board shall release the performance
bond.
The Planning Board shall provide for the inspection
of required improvements during construction and ensure their satisfactory
completion. The applicant shall pay to the town an inspection fee
of 5% of the amount of the performance bond or the estimated cost
of required improvements, whichever is greater. The subdivision plat
shall not be signed by the Chairman of the Planning Board unless such
fee has been paid at the time of application for final approval. If
the Town Engineer, the Town Superintendent of Highways or other Planning
Board consultant finds, upon inspection, that any of the required
improvements have not been constructed in accordance with the approved
construction plans, the applicant shall be responsible for the completion
of said improvements. The applicant and the bonding company shall
be severally and jointly liable for completion of said improvements
according to specifications.
A.
The applicant's engineer or surveyor shall submit
a statement certifying the location of monuments, the elevation and
sizes of sewer and drainage pipes, culverts, manholes and the layout
of roads and provide a certified plan showing facilities as built,
including the elevation and location of all public utilities. Upon
such approval and recommendation that the improvements shall have
been completed, are ready for dedication to the town and are free
and clear of any and all liens and encumbrances and upon the furnishing
to the Town Attorney of a title insurance policy reflecting such facts,
the Town Board shall thereafter accept the improvements for dedication
in accordance with the established procedure.
B.
The Town Board shall neither accept dedication of
required improvements nor release nor reduce a performance bond until
the Town Engineer, the Town Superintendent of Highways and/or any
applicable town consultants have submitted reports stating that all
required improvements have been satisfactorily completed.
C.
A performance bond may be reduced only to the ratio
that the cost of the public improvements dedicated bears to the cost
of the total public improvements required for the plat. In no event
shall a performance bond be reduced below 25% of the principal amount,
nor shall the cash or securities portion be released below 50%, prior
to the acceptance of the improvement by the Town Board.
Where the required improvements have not been
installed within the tenure of approval, the Town Board may thereupon,
in cases where minor improvements are needed or in cases with improvements
of over 10% of the value of the bond, declare said bond to be in default
and require that all necessary improvements be installed regardless
of the extent of the building development at the time the bond is
declared to be in default.
The Planning Board may waive at the time of
final approval, subject to appropriate condition, the provisions of
any or all such improvements as, in its judgment and based on recommendations
of the Town Engineer or other applicable town consultants, are not
required in the interests of public health, safety and/or general
welfare or which are determined to be inappropriate because of inadequacy
or absence of connecting facilities.
