Any subdivider who proposes to develop a subdivision
in the Town of Woodstock 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 determining the necessity and extent of required subdivision improvements, on and off site, the Planning Board shall consider the prospective character, density and uses within the proposed subdivision, whether residential, commercial or industrial, and whether improvements will be publicly or privately owned and maintained. The Planning Board may require these improvements when it deems them to be necessary for protection of the public health, safety or welfare. Specifications for roads and other design standards are provided in Article VII of these regulations.
A.
Possible required improvements. The Planning Board may require the provision and installation of the following improvements in accordance with Town Law. The Board may specifically waive in writing any such improvements as provided in Article X, § 202-43 of these regulations.
(1)
Parks, playgrounds, or other public open spaces of
adequate size and location for recreational purposes.
(2)
Suitably improved roadways.
(3)
Road signs and posts.
(4)
Pedestrianways.
(5)
Road lighting.
(6)
Curbs or gutters.
(7)
Road trees.
(8)
Water mains, wells or central well system.
(9)
Sanitary sewage disposal facilities.
(10)
Storm drainage system.
(11)
Fire hydrants, fire flow ponds or other fire-fighting
facilities.
(12)
Siltation and erosion control improvements.
(13)
Boundary monuments or other acceptable markers suitably
placed and installed.
(14)
Any improvements the Planning Board deems necessary
for protection of the public health, safety or welfare.
B.
Standard for installation. All improvements required
by the Planning Board shall be installed in accordance with standards,
specifications, and procedures acceptable to the appropriate Town
departments or as provided in these regulations. Underground utilities
may be required and their location should be indicated on the plan.
C.
Modification of the design of improvements shown on
the approved plat. Before or during construction of the required improvements
shown on the approved plat, it may be demonstrated that unforeseen
conditions make it necessary or preferable to modify the location
or design of such required improvements. The designated Town Engineer
or Building Inspector 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 constitute
the waiver or substantial alteration of the function of any of the
improvements required by the Board. The designated Town Engineer or
Building Inspector shall issue any such authorization in writing and
shall transmit a copy to the Clerk of the 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 the inspection fee required by the Town
Board and shall notify the Town Board in writing of the time when
he proposes to construct such improvements. The Town Board may authorize
an inspection to assure that all Town specifications and requirements
shall be met and to assure the satisfactory completion of improvements
and utilities as required by the Planning Board. The inspection fee
shall provide reimbursement to the Town for actual direct cost incurred
for such engineering services.
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, that any
of the required improvements have not been constructed in accordance
with plans and specifications filed by the subdivider, he shall so
report to the Town Board, the Building Inspector 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 requirements of any previously approved plat within
the Town of Woodstock.
F.
Privately owned improvements. Where required improvements will not be dedicated to the Town of Woodstock and where common private ownership occurs, a homeowners' association or other such maintenance agreement shall be provided to address all property owners sharing such improvements. (See § 202-24 below regarding maintenance agreements for roads and shared driveways.) The language of any such association or agreement shall be reviewed by the designated Planning Board Attorney for adequacy and content prior to review of plats submitted for final approval. Any such association or agreement for shared interest in real property may require approval by the New York State Attorney General's office.
A performance bond or equivalent security shall
be delivered to the Town to guarantee to the Town that the subdivider
shall faithfully cause to be constructed and completed within a reasonable
time the required improvements and convey the required lands and improvements,
where applicable, to the Town free and clear of all encumbrances.
A.
Procedure. Before the Planning Board grants 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 approval by the designated Town Engineer and shall subsequently follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
Certified check or performance guarantee.
(a)
In an amount set by the Planning Board, the
subdivider shall file with the Town Clerk either a certified check
to cover the full cost of the required improvements or 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 designated Planning Board Attorney
as to form, sufficiency, manner of execution, term and surety. A period
of one year, or such other period as the Planning Board may determine
to be 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. If an extension is requested,
the Planning Board may require an increase in the amount of the bond
or equivalent security. The subdivider shall additionally file a copy
of said certified check or other performance guarantee with the Clerk
of the Planning Board.
(b)
The Planning Board may decide at any time during
the term of the performance guarantee that the extent of building
development in the subdivision is not sufficient to warrant all the
improvements covered by such performance guarantee, or that required
improvements have been installed to an extent that is sufficient to
warrant reduction in the face amount of such 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 then modify
its requirements for any or all such improvements, and 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 Board,
and any security deposited with the bond may be reduced or increased
proportionately.
(2)
The subdivider shall construct all required improvements
to the satisfaction of the designated Town Engineer, who shall file
with the Planning Board a letter signifying completion of all improvements
required by the Board. 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
costs of satisfactorily installing any improvements not approved by
the designated Town Engineer. Any such bond shall be satisfactory
to the Town Board and designated Planning Board Attorney as to form,
sufficiency, manner of execution, term and surety. The subdivider
shall additionally file a copy of said certified check or other performance
guarantee with the Clerk of the Planning Board.
B.
As-built drawing required. 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 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 Subsection A(2) above, then said map shall be submitted prior to endorsement of the final plat by the Planning Board Chairman. The applicant's engineer shall sign the as-built drawing which should then be filed with the Planning Board. However, if the subdivider elects to provide a performance guarantee for all required improvements as specified in Subsection A(1) above, such bond or equivalent security shall not be released until such map is submitted and deemed satisfactory by the Planning Board.
The subdivider shall prepare a draft road maintenance agreement or other suitable agreement where private roads or shared driveways are proposed to address all those property owners gaining access to such proposed road or driveway. The maintenance agreement shall also address the minimum design standards in Article VII, §§ 202-31 and 202-32 of these regulations. Depending on the intensity of use, degree of improvement or length of the road, the Planning Board may require that a maintenance bond or fund be provided as part of the maintenance agreement to provide for proper condition and maintenance of the road and improvements for one year after construction (see § 202-25 below). The maintenance agreement and proposed fund shall be reviewed for adequacy and content by the designated Planning Board Attorney prior to review of plats submitted for final approval. Any such association or agreement for shared interest in real property may require approval by the New York State Attorney General's office.
The subdivider shall file with the Town Board
a maintenance bond in an amount equal to 15% 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 one year following their completion
and acceptance, where applicable, by the Town Board. Such maintenance
bond shall be satisfactory to the designated Planning Board 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.
A.
Filing requirement. The subdivider shall file with
the designated Planning Board Attorney a general liability insurance
policy at the same time that a performance guarantee is filed. The
Town Board shall approve the policy as to form. The policy shall be
in force during the 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 certified check
or other performance guarantee with the Clerk of the Planning Board.
B.
Limits of coverage. The policy shall insure the Town
and the subdivider and shall cover all operations in the subdivision
involving existence and maintenance of property and buildings and
contracting operations of every nature involving all public improvements.
Said policy shall have limits of liability of $500,000 for bodily
injury to each person and $1,000,000 liability on the aggregate for
each accident, and property damage liability of $50,000 for each accident
and $100,000 aggregate property damage liability or such higher limits
as the Planning Board may require.
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.
B.
Easements or other releases. The final plat shall
include statements by the owner granting all necessary easements or
other releases where required for the installation of public franchise
utilities.
