A.
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
In an amount set by the Planning Board, the subdivider
shall either file with the Town Clerk a certified check to cover the
full cost of the required improvements or file with the Town Clerk
a performance bond to cover the full cost of the required improvements.
Any such bond shall comply with the requirements of § 277
of the Town Law and, further, shall be satisfactory to the Town Board
and Town Attorney as to form, sufficiency, manner of execution and
surety. A period of one year or such other period as the Planning
Board may determine appropriate, not to exceed three years, shall
be set forth in the bond within which required improvements must be
completed.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer, who shall file with the
Planning Board a letter signifying the satisfactory 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 and
the cost of satisfactorily installing any improvement not approved
by the Town Engineer. Any such bond shall be satisfactory to the Town
Board and Town Attorney as to form, sufficiency, manner of execution
and surety.
B.
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map, satisfactory to the Planning Board, has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection B, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A, such bond shall not be released until such a map is submitted.
If at any time before or during the construction
of the required improvements it is demonstrated to the satisfaction
of the Town Engineer that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the Town Engineer may, upon approval by a previously delegated member
of the Planning Board, authorize modifications which are within the
spirit and intent of the Planning Board's approval and do not extend
to the waiver or substantial alteration of the function of any improvements
required by the Board. The Town Engineer shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at its next regular meeting.
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 commence construction
of such improvements so that the Town Board may cause inspection to
be made to assure that all Town specifications and requirements shall
be met during the construction of required improvements and to assure
the satisfactory completion of improvements and utilities required
by the Planning Board. All fee schedules are available from the Town
Engineer.
[Amended 4-13-2006 by L.L. No. 2-2006]
If the Town Engineer shall find, upon inspection
of the improvements performed before the expiration date of the performance
bond, 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, Building Director or his designee
and Planning Board. The Town Board then shall notify the subdivider
and, if necessary, the bonding company and take all necessary steps
to preserve the Town's rights under the bond. No plat shall be approved
by the Planning Board as long as the subdivider is in default on a
previously approved plat.