[Amended 7-14-1993 by L.L. No. 3-1993]
A.
Completion of improvements prior to signing of plat.
Before the final subdivision plat is signed by the Chairman of the
Planning Board, all applicants shall be required to complete, in accordance
with the Planning Board's resolution and to the satisfaction of the
Town Engineer and Superintendent of Highways, all the road, sewer,
drainage and other improvements specified in the final subdivision
plat and construction plans, as approved by the Planning Board, and
to dedicate the same to the Town of Eden free and clear of all liens
and encumbrances on the property and public improvements thus dedicated.
B.
Temporary improvements. The developer shall build
and pay for all costs of temporary improvements required by the Planning
Board and shall maintain the same for the period specified by the
Planning Board.
C.
Costs to be borne by applicant. All required improvements
shall be made by the applicant, at his or her expense, without reimbursement
by the Town of Eden or any improvement district therein.
[Amended 7-14-1993 by L.L. No. 3-1993]
A.
Whenever, by reason of the season of the year, any
lot improvements required of the applicant by the Planning Board cannot
be performed, the Building and Zoning Inspector may, nevertheless,
issue a certificate of occupancy, provided that there is no danger
to health, safety or general welfare upon accepting a cash escrow
deposit in an amount to be determined by the Planning Board for the
cost of said improvements.
B.
All required improvements for which escrow moneys
have been accepted by the Building and Zoning Inspector at the time
of issuance of a certificate of occupancy shall be installed by the
applicant within a period of nine months from the date of deposit
and issuance of the certificate of occupancy. In the event that said
improvements have not been properly installed, at the end of said
time period the Building and Zoning Inspector shall give two weeks'
written notice to the developer requiring him or her to install the
same, and in the event that the same are not installed properly in
the discretion of the Building and Zoning Inspector, the Building
and Zoning Inspector may request the Town Board to authorize the Town
to proceed to contract out the work for the installation of the necessary
improvements in a sum not to exceed the amount of the escrow deposit.
At the time of the issuance of the certificate of occupancy for which
escrow moneys are being deposited with the Building and Zoning Inspector,
the applicant shall obtain and file with the Building and Zoning Inspector
prior to obtaining the certificate of occupancy a notarized statement
from the purchaser or purchasers of the premises authorizing the Building
and Zoning Inspector or his or her agent to enter on to the property
and to install the improvements at the end of the nine-month period
in the event that the same have not been duly installed by the developer.
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 company 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
plans.
The applicant shall be required to maintain
all improvements and provide for snow removal on roads and sidewalks
until acceptance of said improvements by the Town Board. If there
are any certificates of occupancy on a road not dedicated to the Town,
the Town may on reasonable notice plow the road or effect emergency
repairs and charge the same to developer. The applicant shall be required
to file a maintenance bond with the Town Board for a period of one
year, prior to acceptance of dedication, in an amount considered adequate
by the Town Engineer and in a form satisfactory to the Town Attorney
in order to assure the satisfactory condition of the required improvements
for a period of one year after the date of their acceptance by the
Town Board.
Acceptance of formal offers of dedication of
roads, easements and parks shall rest with the Town Board. The approval
by the Planning Board of a subdivision plat shall not be deemed to
constitute or imply the acceptance by the Town of any street, easement
or park shown on said plat. The Planning Board may require said plat
to be endorsed with appropriate notes to this effect.
Notwithstanding the provisions of § 184-23 of these regulations, the Planning Board may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not requisite in the interests of the public health, safety and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities. Whenever it is deemed necessary by the Planning Board to defer the construction of any improvement or improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities or for other reasons, the developer shall pay his or her share of the costs of the future improvements to the Town in escrow prior to signing of the final subdivision plat. The Town shall refund any funds so paid if not used for their intended purpose; and refund shall be made when the Town Board determines said funds shall not be so used.
A.
No building permits (even for model homes) shall be
issued until such time as all required off-site public improvements
are completed to the satisfaction of the Town Engineer and Town Superintendent
of Highways. Thereafter, not more than two building permits for model
homes, on lots which have required frontage on a dedicated public
road, may be issued. Thereafter, no building permit will be issued
until such time as all the public improvements required by the Planning
Board have been fully completed and dedicated to the Town, except
for the final wearing course on the roads.
B.
No certificate of occupancy for any building in the
subdivision shall be issued prior to the completion of the improvements
and dedication of the same to the Town of Eden, as required in the
Planning Board's approval of the final subdivision plat. The extent
of the road improvement, to be determined to the satisfaction of the
Town Engineer, shall be adequate for vehicular access by the prospective
occupant and by police and fire equipment prior to the issuance of
an occupancy permit. If applicable, the developer shall, at the time
of dedication, submit moneys in escrow to the Town in a sum determined
by the Town Engineer and Superintendent of Highways for the necessary
final improvement of the road.
