A.
Completion of improvements. Before the final subdivision
plat is signed by the Chairman of the Joint Zoning Board of Appeals/Planning
Commission, all applicants shall be required to complete, in accordance
with the Joint Zoning Board of Appeals/Planning Commission's decision
and to the satisfaction of the City Engineer, all the street, sanitary
and other public improvements, including lot improvements on the individual
lots of the subdivision, as required in these regulations, specified
in the final subdivision plat and as approved by the Joint Zoning
Board of Appeals/Planning Commission and to dedicate those public
improvements to the City of Oneida free and clear of all liens and
encumbrances on the dedicated property and public improvements.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
Subdivision improvement agreement and guaranty.
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
Agreement. The Joint Zoning Board of Appeals/Planning
Commission in its sole discretion may waive the requirement that the
applicant complete and dedicate all public improvements prior to approval
of the final subdivision plat and, as an alternative, permit the applicant
to enter into a subdivision improvement agreement by which the subdivider
covenants to complete all required public improvements no later than
three years following the date on which the Chairman of the Joint
Zoning Board of Appeals/Planning Commission signs the final subdivision
plat. The applicant shall covenant to maintain each required public
improvement for a period of one year following the acceptance by the
Common Council of the dedication of that completed public improvement
and also shall warrant that all required public improvements will
be free from defect for a period of three years following the acceptance
by the Common Council of the dedication of the last completed public
improvement. The subdivision improvement agreement shall contain such
other terms and conditions agreed to by the applicant and the Joint
Zoning Board of Appeals/Planning Commission.
(2)
Covenants to run with land. The subdivision improvement
agreement shall provide the covenants contained in the agreement shall
run with the land and bind all successors, heirs, and assignees of
the subdivider. The subdivision improvement agreement will be adopted
by the Joint Zoning Board of Appeals/Planning Commission and when
necessary, the Common Council, pursuant to applicable state and local
laws and shall be recorded in the Clerk's office of Madison County.
(3)
Security. Whenever the Joint Zoning Board of Appeals/Planning
Commission permits an applicant to enter into a subdivision improvement
agreement, it shall require the applicant to provide an acceptable
security deposit or performance bond, consistent with the terms of
General City Law, § 33.
C.
Costs of improvements. All required improvements shall
be made by the developer, at its expense, without reimbursement by
the Common Council or any improvement district.
D.
Failure to complete improvement. For subdivisions
for which no subdivision improvement agreement has been executed and
no security has been posted, if the improvements are not completed
within the period specified by the Joint Zoning Board of Appeals/Planning
Commission in the resolution approving the plat, the sketch or preliminary
plat approval shall be deemed to have expired. In those cases where
a subdivision improvement agreement has been executed and security
has been posted and required public improvements have not been installed
within the terms of the agreement, the Common Council may then:
[Amended 11-8-2017 by L.L. No. 5-2017]
(1)
Declare the agreement to be in default and require
that all the improvements be installed regardless of the extent of
the building development at the time the agreement is declared to
be in default.
(2)
Suspend final subdivision plat approval until the
improvements are completed and record a document to that effect for
the purpose of public notice.
(3)
Obtain funds under the security to any third party.
(4)
Assign its right to receive funds under the security
to any third party, including a subsequent owner of the subdivision
for which improvements were not constructed, in whole or in part,
in exchange for that subsequent owner's promise to complete improvements
in the subdivision.
(5)
Exercise any other rights available under the law.
E.
Acceptance of dedication offers. Acceptance of formal
offers of dedication of streets, public areas, easements and parks
shall be by ordinance of the Common Council. The approval of a subdivision
plat by the Joint Zoning Board of Appeals/Planning Commission, whether
sketch, preliminary or final, shall not be deemed to constitute or
imply the acceptance by the municipality of any street, easement or
park shown on the plat. The Joint Zoning Board of Appeals/Planning
Commission may require the plat to be endorsed with appropriate notes
to this effect.
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
General procedure and fees. The Joint Zoning Board
of Appeals/Planning Commission shall provide for inspection of required
improvements during construction and ensure their satisfactory completion.
The applicant shall pay to the City of Oneida an inspection fee based
on the estimated cost of inspection, and where the improvements are
completed prior to final plat approval, the subdivision plat shall
not be signed by the Chairman of the Joint Zoning Board of Appeals/Planning
Commission unless the inspection fee has been paid at the time of
application. These fees shall be due and payable upon demand of the
municipality and no building permits or certificates of occupancy
shall be issued until all fees are paid. If the City Engineer finds
upon inspection that any one or more of the required improvements
have not been constructed in accordance with the municipality's construction
standards and specifications, the applicant shall be responsible for
properly completing the improvements.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
Release or reduction of security.
(1)
Certificate of satisfactory completion.
(a)
The Common Council will not accept dedication
of required improvements, nor release nor reduce the amount of any
security posted by the subdivider until the City Engineer has submitted
a certificate stating that all required improvements have been satisfactorily
completed and until:
[1]
The applicant's engineer or surveyor has certified
to the City Engineer, through submission of a detailed as-built survey
plat of the subdivision, indicating location, dimensions, materials,
and other information required by the Joint Zoning Board of Appeals/Planning
Commission or City Engineer, that the layout of the line and grade
of all public improvements is in accordance with construction plans
for the subdivision; and
[Amended 11-8-2017 by L.L. No. 5-2017]
[2]
A title insurance policy has been furnished
to and approved by the City Attorney indicating that the improvements
have been completed, are ready for dedication to the local government,
and are free and clear of any and all liens and encumbrances.
(b)
Upon such approval and recommendation by the
Joint Zoning Board of Appeals/Planning Commission, City Engineer and
City Attorney, the Common Council shall thereafter accept the improvements
for dedication in accordance with the established procedure.
[Amended 11-8-2017 by L.L. No. 5-2017]
(2)
Reduction of escrowed funds and security. If the security
posted by the subdivider was a cash escrow, the amount of that escrow
shall be reduced upon actual acceptance of the dedication of public
improvements and then only to the ratio that the cost of the public
improvement for which dedication was accepted bears to the total cost
of public improvements for the subdivision. In no event shall a cash
escrow be reduced below 25% of the principal amount. Funds held in
the escrow account shall not be released to the subdivider, in whole
or in part, except upon express written instructions of the City Attorney.
At the end of the maintenance and warranty periods, all escrowed funds,
if any, shall be released to the subdivider. If the security provided
by the subdivider was a letter of credit or bond, the City Attorney
shall execute a release of the city's rights thereunder upon actual
acceptance of the dedication of public improvements and then only
to the ratio that the cost of the public improvement for which dedication
was accepted bears to the total cost of public improvements for the
subdivision. In no event shall the release be executed that would
reduce the security below 25% of its original amount.
A.
When a subdivision improvement agreement and security
have been required for a subdivision, no certificate of occupancy
for any building in the subdivision shall be issued prior to the completion
of the required public improvements and the acceptance of the dedication
of those improvements by the local government, as required in the
Joint Zoning Board of Appeals/Planning Commission's approval of the
final subdivision plat.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
The extent of street improvement shall be adequate
for vehicular access by the prospective occupant(s) and by police
and fire equipment prior to the issuance of an certificate of occupancy.
The developer shall, at the time of the offer of dedication, submit
moneys in escrow to the local government in a sum determined by the
City Engineer for the necessary final improvement of the street.
C.
No building permit shall be issued for the final 10%
of lots in a subdivision, or if 10% be less than two, for the final
two lots of a subdivision, until all public improvements required
by the Joint Zoning Board of Appeals/Planning Commission for the subdivision
have been fully completed and the Common Council has accepted the
developer's offer(s) to dedicate the improvements.
[Amended 11-8-2017 by L.L. No. 5-2017]
