[Amended 10-4-2004 by L.L. No. 9-2004]
After adoption of a resolution approving a final subdivision plat and before the plat is endorsed by the Planning Board Chairman or other duly authorized member, 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 otherwise specified in the resolution or, as an alternative, to file with the Town Board a performance bond, an accompanying letter of credit or other security identified in this chapter's definition of "performance bond," in an amount fixed by the Planning Board in its resolution as sufficient to secure to the Town its ability to undertake 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. The bond shall also provide that an amount determined adequate by the Planning Board, but not less than 10% of the bond, or 10% of the estimated costs of improvements if a bond is not filed, shall be retained by the Town Board for a period of one year after the date of completion of the required improvements to assure their satisfactory condition and that the road shall be maintained in an all-weather passable condition if certificates of occupancy are issued during the term of the bond under the provisions of §
132-21 of this article. All improvements shall be done to the satisfaction of the Planning Board in accordance with the approved construction plans and the requirements of this chapter and the Town construction standards and specifications.
If at any time, either before or during the course of construction
of the required improvements, it is determined by the Planning Board
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 modification of such bond.
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.
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 both of the
following conditions have been complied with:
A. 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.
B. 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. [Note: If the street is not to be offered for dedication to the Town, such an agreement will have been required in accordance with §§
132-13B(4) and
132-13C(4) of this chapter.]