[Amended 11-15-1977]
A.
Completion of improvements. After adoption of a resolution approving a subdivision plat, and before the plat is signed by the Chairman of the Planning Board, the applicant shall be required, except as provided in Subsection B to complete all street, sanitary and other improvements specified in the resolution approving said plat.
B.
Exceptions.
(1)
At its discretion, the Planning Board may grant final plat approval subject to the filing with the Town Board of a bond in amount fixed by the Planning Board as sufficient to secure to the Town the satisfactory construction and installation of the incomplete portion of the required improvements, and further subject to the full understanding of the applicant and stipulation of the same by him on the final plat that no building permit may be granted for any structure on a lot taking access from the proposed street until said required improvements have been substantially completed to the satisfaction of the Planning Board in accordance with Subsection C.
(2)
Such performance bond shall comply with the requirements of § 277
of the Town Law. The period within which required improvements must
be completed will be specified by the Planning Board in its resolution
and expressed in the bond. In order to insure the soundness and integrity
of such improvements, such bond shall also provide for the retention
by the Town of 10% of the originally fixed amount for a period of
one year after the dedication papers and certificate of title in proper
form are filed and accepted, whichever is later. When improvements
are completed prior to the signing of the plat, the applicant shall
post a bond in amount determined by the Planning Board to insure the
soundness and integrity of such improvements.
C.
Substantial completion. "Substantially completed" shall mean the
completion of all street improvements, including drainage, curbing,
grading, seeding and erosion control measures, up to but not including
the finish course of asphalt for that portion of the subdivision for
which building permits are desired. The minimum length of street which
must be substantially completed shall be 1,000 feet.
D.
Costs to be borne by applicant. All required improvements shall be
made by the applicant, at his expense, without reimbursement by the
Town or any special district therein.
E.
Satisfactory construction. The construction or installation of all required improvements shall be done to the satisfaction of the Planning Board, and in accordance with the terms of its resolution of approval and the design standards and construction specifications set forth in Articles V and VI of these regulations.
F.
Modification of requirements. If at any time, either before or during
the course of construction of the required improvements, it is determined
by the Planning Board, based upon a report from the Town Engineer,
that unforeseen conditions make it necessary to modify the location
or design of any such 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
modifications affect the scope of work covered by a bond, the Board
may also require the necessary modifications of such bond.
G.
Failure to complete improvements.
(1)
Where performance bond is not posted. If the improvements are not
completed within the period specified by the Planning Board in the
resolution approving the subdivision plat, the approval shall be deemed
to have expired. The applicant may reapply for approval of the proposed
subdivision in accordance with these regulations.
(2)
Where a performance bond is furnished. If the improvements are not
completed within the term of such performance bond and if no application
for the extension of the bond has been made by the subdivider and
approved by the Planning Board, the Town Board may thereupon declare
said bond to be in default. Where none of the required improvements
have been installed within the time period specified in the bond,
the approval of said subdivision shall be deemed null and void.
H.
Extension of period specified in bond.
(1)
The time period specified for the completion of all required improvements,
as set forth in the bond, shall not be extended except upon the approval
of the Planning Board. Requests for an extension shall be addressed,
in writing, to the Planning Board and shall set forth the following:
(a)
Detailed reasons for failure or inability to complete the work
within the time specified in the bond.
(b)
The amount of work which has been completed, as certified by
the applicant's engineer.
(c)
The maximum estimated time required to complete the remainder
of the work.
(d)
The period for which extension of the bond is requested.
(2)
Whether or not street improvements have been started by the subdivider
prior to granting extension to the specified time period, the Planning
Board shall consider escalations in construction costs and may require
the amount of the bond to be increased to reflect increased construction
costs.
I.
Reduction of bond. Upon approval of the Town Board and after due
notice and public hearing, the Planning Board may reduce the required
amount of a performance bond during its term where the Board finds
the required improvements to have been installed in sufficient amount
to warrant such reduction. Requests for a reduction shall be addressed,
in writing, to the Planning Board and shall itemize the amount of
required improvements already completed and the amount of reduction
requested.
J.
Snow removal bond. Where a certificate of occupancy may be granted
prior to acceptance of any street by the Town Board, the subdivider
shall post a cash bond in the amount of $1,000 per 1,000 feet of road
substantially completed for the purpose of guaranteeing that he will
remove snow from the street quickly and thoroughly. The cash bond
shall not relieve the subdivider from the obligation of snow removal.[1]
[1]
Editor's Note: A copy of a Town Board consent form, which
immediately followed this subsection, is on file at the office of
the Town Clerk.
A.
General procedure. The Town Engineer, Town Highway Superintendent
or other duly authorized representative shall inspect required improvements
during construction to assure their satisfactory completion and, upon
such completion, the Planning Board shall require a certificate from
such official stating that all required improvements have been satisfactorily
completed. If, upon inspection, it is found that any of the required
improvements have not been constructed in accordance with the approved
plans, the applicant shall be responsible for completing said improvements
according to specifications. Failure of the Town Engineer, Town Highway
Superintendent or other duly authorized representative to carry out
inspections of required improvements during construction shall not
in any way relieve the applicant or the bonding company of their responsibilities.
B.
Inspection and engineering fee.
(1)
Applicants for all subdivisions and/or site plan approval involving
the construction of new streets and/or other improvements including
parking areas shall be required to pay an engineering and inspection
fee equal to 5% of the amount of the performance bond, as determined
by the Planning Board, required to insure the completion of such improvements.
Where performance bond is waived or not required, the applicant shall
pay a fee to cover actual inspection and engineering costs incurred
by the Planning Board. Such fee is payable prior to the initiation
of any construction operations and whether or not the applicant elects
to actually post such bond with the Town. Such fee shall be used to
cover the costs incurred by the Town in conducting inspections.
(2)
In addition to the foregoing, the applicant shall pay the fee of
any professional consultant engaged by the Planning Board in acting
on the application.
C.
Inspection of stages of construction.
(1)
In order to facilitate inspection of required improvements during
construction, the applicant shall notify the Town Engineer when reaching
each of the following stages in the construction operation. No construction
will be approved without such notification. Advance notice of at least
two working days shall be given wherever possible:
(a)
After shaping of subgrade and before trenching or spreading
of gravel base.
(b)
During excavation and before construction of embankment or subgrade
when soft and unstable material is encountered.
(c)
When excavations are ready for placing foundations and when
trenches are shaped and prepared for laying pipe and/or underground
utility lines.
(d)
After gravel base is spread and compacted and before pavement
base course is started.
(e)
When placing and rolling of lower and surface pavement course
is started.
(f)
After completion of all improvements.
(2)
The applicant shall not proceed to work on any stage subsequent to
the first stage until the work has been inspected and approved by
the Town Engineer or other duly authorized representative.
(3)
In the case of any other improvements, the Town Engineer shall inspect
the work at such progressive stages as he shall specify, and he shall
certify to the Board that the work was inspected by him and was in
accordance with the approved plans and specifications.
D.
Certification of mix data. Upon request of the Town Engineer or other
duly authorized representative, the applicant shall furnish a certification
from the bituminous concrete supplier providing mix data, including
aggregate source and grading, quantities of all ingredients and critical
temperatures.
E.
Test specimens. When test specimens are requested by the Town Engineer
or other duly authorized representative, the contractor shall cut
and transport the necessary sample to a laboratory selected by the
engineer. Costs of test and reports shall be borne entirely by the
applicant.
F.
Certification of construction. When a subdivider has completed construction
of all required improvements and requests the Town Engineer and Superintendent
of Highways to make a final inspection, such report shall be accompanied
by three copies of as-built plans and profiles which show the actual
locations of the edges of street pavements and right-of-way lines,
the stationing and profile of the center line and both edges of pavements;
the size, location and grades or invert elevation, as appropriate,
of drainage structures; the location of any drainage easements; the
location of underground utility lines and equipment; and the location
of monuments, street signs, street trees and all other required improvements
as constructed. Such plans and profiles shall bear a dated certification
by a licensed surveyor or a professional engineer to the effect that
the data shown thereon was accurately determined by field survey.
A.
Offers of cession. All streets, parks and required easements shall
be indicated on the plat. In accordance with § 278 of the
Town Law, with respect to streets and parks, the applicant may add
a notation as part of the plat, if he so desires, to the effect that
no offer of dedication of such streets and/or parks is made to the
public. Formal offer of cession to the public of all streets and parks
not marked with such notation on the plat shall be filed with the
Planning Board with the final application. Prepare form as illustrated
in Appendix B.[1]
[1]
Editor's Note: Appendix B is on file in the office of the
Town Clerk.
B.
Acceptance by Town.
(1)
Acceptance of any such offer of streets and parks shall rest with
the Town Board. In the event that the applicant shall elect not to
file the plat in the office of the County Clerk within the sixty-day
period required by law, then such formal offer of cession shall be
deemed to be void. 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, park, playground or other open space shown
on said plat.
[Amended 11-15-1977]
(2)
Applicant shall also file as part of the dedication papers, a certificate
of title, issued by any title company licensed to do business within
the State of New York, certifying that the acceptance by the Town
Board of the dedication and release will convey good title to the
Town of Lewisboro, free of encumbrances.
C.
Maintenance. In those cases where no offer of cession to the public
is made for the streets, parks and required easements shown on the
plat, there shall be submitted with the plat copies of agreements
or other documents providing for and fixing responsibility for their
suitable maintenance and statements of all rights which exist with
respect to the use of such property. Such documents shall be in a
form satisfactory to the Town Attorney and shall require the approval
of the Planning Board as to the method and adequacy of maintenance.
The Planning Board may waive, upon the request of the applicant
and subject to appropriate conditions, the provision of any or all
such improvements 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.
