[Adopted 3-11-1969; amended in its entirety 8-14-1980]
Pursuant to § 280-a, Subdivision 2,
of the Town Law, building permits affecting properties abutting substandard
roads or roads under construction shall be issued in accordance with
the following:
A.
No building permit shall be issued with respect to
property dependent for access upon a road or street which is under
construction pursuant to § 277 of the Town Law, unless:
(1)
The owner of the subdivision has filed the performance
and maintenance bonds required by the Planning Board in approving
the subdivision plat pursuant to said § 277, and said bonds
have been duly approved, and said road or street shall have been suitably
improved to the satisfaction of the Planning Board in accordance with
the following standards and specifications:
(a)
When said street exceeds 1,000 feet in length
a suitably improved segment of approximately 1,000 feet in length
may be certified by the Planning Board in connection with this resolution,
provided that said street provides a continuous connection to existing
streets, drainageways and other applicable adjacent facilities.
(b)
The Planning Board will require, as a condition
precedent for its certification to the Town Board, which certification
states that the aforesaid roads are suitably improved, that the roadways
shall be graded, graveled and paved (except that surface course not
exceeding 1 1/2 inches and except that curbs may be omitted at this
time), that shoulders are rough graded to the level of the pavement
placed (except that additional grading and/or seeding may be required
when, in the opinion of the Planning Board, these additional requirements
are warranted by sound construction and engineering practices), drainage
systems are installed and in safe operating conditions with adequate
outlet connections, sight lines are cleared and traffic signs and
guideposts are installed, all in accordance with good construction
and engineering practice.
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These standards and specifications shall be
subject to modification by resolution of the Town Board where such
modification shall be deemed adequate in respect to the public health,
safety and general welfare for the special circumstances of the particular
road or street, within the meaning of § 280-a, Subdivision
2, of the Town Law.
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(2)
Alternatively, said owner has furnished such performance
bond and security as may be required by the Town Board under § 280-a,
Subdivision 2, of the Town Law.
B.
The developer shall make a written request to the
Planning Board, stating the limits of the streets in the subdivision
which are offered as being suitably improved. The developer shall
concurrently furnish copies of this request to the Town Board and
Superintendent of Highways. The developer shall furnish in this request
a schedule of operations and maintenance, describing provisions which
he will furnish for the maintenance of traffic on said streets if
approved as suitably improved. These provisions shall include the
removal of snow, ice control and necessary repairs and maintenance,
all of which the developer shall state in his request will be performed
by his forces at all times necessary until full completion of the
roads and their final acceptance by the Town Board.
C.
The report of the Engineer to the Planning Board,
together with the developer's schedule of operations and maintenance
shall be furnished to the Superintendent of Highways at least 10 days
prior to any action of certification by the Planning Board.
D.
The Superintendent of Highways shall report to the
Planning Board any further provisions for safe and adequate operations
of the aforesaid roads which he deems advisable, and these shall be
included in the Planning Board's report to the Town Board.
E.
The Town Board will require, as a condition precedent
for approval of said roads as suitably improved and ready for issuance
of building permits on contiguous lots, that the developer deposit
a sum of money sufficient to provide for safe and adequate operation
and maintenance until a time two years from the date of the conditional
approval of the subdivision by the Planning Board.
F.
The Town Board will also require a notarized statement
of agreement from the developer that said deposit moneys may be applied
to expenditures by Town or contract forces for the purpose of providing
adequate and safe operation and maintenance of said roadways as necessary
and upon authorization of the Superintendent of Highways in any instance
where the forces of the developer do not provide safe and adequate
maintenance of those roadways or the related improvements.
G.
At the time of final acceptance of the roads by the
Town Board any remaining deposit funds will be refunded to the developer.
H.
No building permit shall be issued with respect to a property dependent for access upon a road or street already constructed unless said road or street shall conform to the current standards and specifications for subdivision plats approved pursuant to §§ 276 and 277 of the Town Law (as distinguished from the standards and specifications referred to in Subsection A hereinbefore), unless the Town Board shall adopt a resolution permitting the filing of a performance bond and security as provided in § 280-a, Subdivision 2, of the Town Law, to cover the full cost of improving said road or street to conform to said standards and specifications.
