Town of Salina, NY
Onondaga County
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Table of Contents
Table of Contents

§ 210-21 Improvements; conditions on approval.

Before the Planning Board grants final approval of the subdivision plat, the subdivider shall complete or otherwise provide for as hereinafter specified all required streets and other improvements, including but not limited to those described at §§ 210-23 and 210-24 hereof, to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of, or other such provision for, all such streets and improvements required by the Planning Board. Where required streets and improvements are not completed, the subdivider shall post, as required at § 210-22 hereof, with the Town Clerk, a security covering the costs of such improvements and the cost of satisfactorily installing any streets and improvements approved or not approved by the Town Engineer. Any such security shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety and shall include security for any administrative, consultants or inspection fees incidental to such streets and improvements as allowed under § 210-4 hereof. The foregoing notwithstanding, the Planning Board may require that all such streets and improvements be completed and/or dedicated and accepted (if the same are to be offered for dedication) by the Town Board prior to final plat approval and filing.

§ 210-22 Security to cover costs; form; term; default; security agreement.

A. 
Furnishing of security. As provided at § 210-21, prior to Planning Board approval, security sufficient to cover the full cost of the same, including those costs described at § 210-21 as estimated by the Town Board, Town Attorney and Town Engineer, shall be furnished to the Town Clerk by the subdivider.
B. 
Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in § 210-14 of this chapter, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the Onondaga County Clerk or furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the Onondaga County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
C. 
Form of security. Any such security must be provided pursuant to a written security agreement with the town, either delivered directly to the Town Clerk or held in a Town account in a bank or trust company, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to:
(1) 
A performance bond issued by a bonding or surety company; or
(2) 
The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in the State of New York; or
(3) 
An irrevocable letter of credit from a bank located and authorized to do business in the State of New York; or
(4) 
Obligations of the United States of America; or
(5) 
Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements.
D. 
Term of security agreement. Any such security agreement and security required thereunder shall run for a term to be fixed by the Town Board, but in no case for a longer term than three years; provided, however, that the term of such security agreement and security may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the security or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security, or that the required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of such security, and upon approval by the Town Board, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
E. 
Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said security agreement to be in default and collect the sum payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
F. 
Security agreement; additional provisions. The security agreement required hereunder may also in the sole discretion of the Town Board include provisions in relation to the form and time of notice required prior to inspections, including in relation to completion of streets and improvements; amounts to be escrowed for administrative and professional consultants fees; insurance requirements for subdividers, their contractors and subcontractors, the time for completion of improvements; requirements for dedication and maintenance, warranties/guaranties and inspections; formation of improvement districts and requirements regarding any other provisions under this chapter or any other applicable provisions of law, same to be in a form as approved from time to time by the Town Board and Town Attorney and as same may be modified based upon specific circumstances relating to the subdivision subject thereof. The foregoing provisions may also be reflected in a separate related agreement.

§ 210-23 Street and related improvements.

The Planning Board shall require the installation of the following improvements in accordance with the Town Law, unless such Board shall specifically waive, in writing, any such improvements as provided in §§ 210-41 or 210-42 of this chapter.
A. 
Parks, playgrounds or other public open spaces of adequate size and location for recreational purposes.
B. 
Paved streets and roadways.
C. 
Street signs and posts.
D. 
Pedestrian ways.
E. 
Streetlighting.
F. 
Curbs or gutters.
G. 
Lawn or street trees.
H. 
Water mains and fire hydrants.
I. 
Sanitary sewage disposal facilities.
J. 
Storm drainage systems.
K. 
Seeding or sodding of planting strips with lawn areas.
L. 
Monuments suitably placed and installed.
M. 
Traffic control devices.
N. 
Other improvements deemed necessary by the Town Board.
O. 
Money in lieu of improvements may be considered at the discretion of the Town Board.

§ 210-24 Utility improvements.

A. 
It shall be the responsibility of the owner to provide waterlines, storm drains, sanitary sewers, bridges and street pavement to the limits of the subdivision. It shall also be the responsibility of the owner, at the direction of the Planning Board, to provide appropriate streetlighting at the intersection of proposed streets with an existing arterial street. These facilities shall be constructed as required for inclusion in future Town systems. Each owner shall be responsible for the complete construction even though larger or greater than normal sizes or capacities may be required.
B. 
If it will be necessary to construct utilities or do any improvements within the right-of-way of an existing Town road, it will be the responsibility of the subdivider to apply for permission or for a permit for construction of utilities from the Highway Superintendent. It shall be the responsibility of the subdivider, following approval of the application, to comply with all conditions and restrictions set forth in the permit.
C. 
Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least 20 feet wide, except where the Planning Board shall determine that a wider easement is necessary.
D. 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way at least 25 feet wide conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose. Walkways, streets or parkways parallel to such watercourse may be required in connection therewith.
E. 
Where the Planning Board determines that the rate of runoff of surface water will be substantially increased by reason of the proposed subdivision, easements shall be provided from the subdivision to the point of discharge into a lake, river or major watercourse.

§ 210-25 Modification of design improvements.

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, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or the substantial or material modification or alteration of such approval or the function of any improvements required by such 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.

§ 210-26 Inspection of improvements; extension of security; notice.

A. 
At least five days prior to commencing construction of required improvements, unless earlier required pursuant to the terms of the security agreement, the subdivider shall pay to the Town Clerk the inspection fee required by resolution of 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 a preconstruction meeting and/or 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.
B. 
If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the security 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, the Director of Planning and Development and the Planning Board. The Town Board then shall notify the subdivider and take all necessary steps to preserve the town's rights under the security. In any event, if such improvements are not completed in a manner satisfactory to the Town Engineer on or before 30 days prior to the expiration date of any security, the Town Engineer or the Town Board may demand that such security be extended to a time as determined by the Town Engineer to be necessary for the completion of such improvements, and same shall be immediately extended to such time or the security agreement shall be deemed a default and the security drawn upon. No plat shall be approved by the Planning Board as long as the subdivider is in default on any previously approved plat.
C. 
Such notification shall be required, in addition to any other phases as specifically set forth in the security agreement, at least 48 hours prior to each of the following phases of construction:
(1) 
Site clearing.
(2) 
Sanitary sewer installation.
(3) 
Storm sewer installation.
(4) 
Core drilling.
(5) 
Subgrade preparation.
(6) 
Gravel installation.
(7) 
Asphalt binder course.
(8) 
Asphalt top course.
(9) 
Any other special construction identified by the Planning Board.

§ 210-27 Acceptance of municipal utilities, streets and other improvements.

A. 
Upon completion of all municipal utilities and roadways to be dedicated to the town, a final inspection shall be held by the town, pursuant to § 210-26 of this article. When construction has been approved, final plats and plan profiles shall be corrected by the subdivider to show all construction "as built."
B. 
All streets to be dedicated to the Town shall not be accepted by the Town Board prior to the first Town Board meeting in May and no later than the last Town Board meeting in October of any year.
C. 
Prior to acceptance of dedication of any street or highway, the following shall be submitted to the Town Clerk by the subdivider:
(1) 
One set of reproducible Mylars of the as-built drawings of all streets and utilities.
(2) 
Guaranty for a period of one year in the form of a security specified in § 210-22 of this chapter.
(3) 
Offer of cession by the subdivider.
(4) 
Original and two copies of the proposed deed. The deed shall state that the Town of Salina is "a municipal corporation, organized and existing by virtue of the laws of the State of New York." The first paragraph of the deed shall additionally state the date and title of the person who prepared the survey and the date of filing thereof in the office of the Onondaga County Clerk, including the drawer number in which filed.
(5) 
A title insurance policy in an amount determined by the Town Board, upon recommendation of the Town Attorney. In this regard, the Town Attorney may request the subdivider provide an appraisal or other reasonable proof as to the fair market value of the interest offered for dedication.
(6) 
Certification from the subdivider's land surveyor and licensed professional engineer that all construction has been performed in accordance with the final plans approved by the Planning Board.