[Amended 3-28-2022 by L.L. No. 4-2022]
Before the Zoning Board of Appeals 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 Zoning Board of Appeals a letter signifying the satisfactory completion of, or other such provision for, all such streets and improvements required by the Zoning Board of Appeals. 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 Zoning Board of Appeals 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.
A.
Furnishing of security. As provided at § 210-21, prior to Zoning Board of Appeals 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.
[Amended 3-28-2022 by L.L. No. 4-2022]
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 Zoning Board of Appeals with consent of the
parties thereto. If the Zoning Board of Appeals 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 Zoning Board of Appeals in sufficient
amount to warrant reduction in the amount of such security, and upon
approval by the Town Board, the Zoning Board of Appeals 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 Zoning Board of Appeals.
[Amended 3-28-2022 by L.L. No. 4-2022]
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.
[Amended 3-28-2022 by L.L. No. 4-2022]
The Zoning Board of Appeals 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.
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 Zoning Board of Appeals, 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.
[Amended 3-28-2022 by L.L. No. 4-2022]
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 Zoning Board of Appeals
shall determine that a wider easement is necessary.
[Amended 3-28-2022 by L.L. No. 4-2022]
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 Zoning Board of Appeals 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.
[Amended 3-28-2022 by L.L. No. 4-2022]
[Amended 3-28-2022 by L.L. No. 4-2022]
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 Zoning Board of Appeals, authorize modifications, provided
that these modifications are within the spirit and intent of the Zoning
Board of Appeals' 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 Zoning Board
of Appeals at its next regular meeting.
[Amended 3-28-2022 by L.L. No. 4-2022]
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 Zoning Board of Appeals.
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 Zoning Board of Appeals. 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 Zoning Board
of Appeals 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:
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 Zoning
Board of Appeals.
[Amended 3-28-2022 by L.L. No. 4-2022]
