Town of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents

§ A176-26 Streets.

Streets shall be graded, improved and conform to the Town Construction Standards for Subdivisions and Site Plans [1] and shall be approved as to design and specification by the Town Engineer. (See Article V.)
[1]
Editor's Note: See Ch. A172, Construction Standards for Subdivisions and Site Plans.

§ A176-27 Drainage.

A. 
The developer shall be required to carry away, by natural watercourse, pipe or stream, any spring or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the road rights-of-way or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance with the Construction Standards.[1]
[1]
Editor's Note: See Ch. A172, Construction Standards for Subdivisions and Site Plans.
B. 
A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall determine the necessary size of facility based on the provisions of the Construction Standards, assuming conditions of maximum potential development in the watershed permitted by the applicable zoning laws.[2] The applicant's licensed New York State hydrologic engineer shall determine, and the Town Engineer shall review, the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision.
[2]
Editor's Note: See Ch. 167, Zoning.
C. 
Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Board may withhold approval of the subdivision until provision has been made for improvement of said potential condition.
D. 
The applicant shall, at his own expense, provide additional storm drainage facilities as may be required by the Town Superintendent of Highways if, during the course of the work, in the opinion of the Town Superintendent of Highways, the Town Engineer and/or the County Superintendent of Highways, such additional structures or facilities are necessary to ensure the durability of pavement, the future maintenance of rights-of-way or the welfare or safety of the public. The Town Planning Board may modify these requirements where there are practical difficulties or extraordinary hardships in the way of carrying out the strict letter of such requirement.

§ A176-28 Utilities.

A. 
Where utilities required by the Planning Board are to be installed by a public utility company or town improvement district, the Planning Board may accept assurance from the public utility or improvement district, in writing, that such installations will be furnished by the company or improvement district within a specified period of time and in accordance with the approved construction plan.
B. 
The developer shall install underground utilities, electric, telephone, etc., in the streets and on the lots unless this requirement, after recommendation of the Superintendent of Highways or Town Engineer, is waived by the Planning Board.

§ A176-29 Street signs.

Street signs of a type illustrated in the Town Construction Standards[1] shall be provided by the applicant and placed at all intersections in locations within the right-of-way as approved by the Superintendent of Highways or the Town Engineer.
[1]
Editor's Note: See Ch. A172, Construction Standards for Subdivisions and Site Plans.

§ A176-30 Streetlighting standards.

Streetlighting standards shall be of a type specified in the Construction Standards and shall be placed in a manner and location approved by the Town Engineer. In the case of a subdivision involving a county or state highway, approval shall be obtained from the County Superintendent of Highways.

§ A176-31 Shade trees.

The Planning Board shall require street trees at forty-foot intervals, in accordance with the Construction Standards, and within the shade-tree easement as specified in § A176-72, along all existing or proposed streets, except where, in the judgment of the Superintendent of Highways or Town Engineer, trees will interfere with either the proper line of sight or the public safety.

§ A176-32 Sanitary sewers.

The subdivider shall install sanitary sewer facilities in a manner prescribed by the Town Construction Standards. [1] The appropriate applications shall be submitted by the developer to enable the Town Board to extend or create a sanitary sewer district for the purpose of providing sanitary sewers to the subdivision.
[1]
Editor's Note: See Ch. A172, Construction Standards for Subdivisions and Site Plans.

§ A176-33 Water supply for fire hydrants.

The appropriate applications shall be submitted by the developer to enable the Town Board to extend or create a water supply district for the purpose of providing fire hydrants to the subdivision where public water is available. To eliminate future street openings, all underground utilities for fire hydrants shall be provided before any final paving of streets.

§ A176-34 Costs of required improvements.

All required improvements shall be made at the applicant's expense, without reimbursement by the town or any district therein.

§ A176-35 Performance bond.

Before the plat is signed by the Chairman of the Planning Board, the applicant shall be required to post a performance bond and deliver 10% in cash or securities at the time of application, estimated by the Town Engineer and approved by the Planning Board as sufficient to secure to the town the satisfactory construction and installation of the uncompleted portion of the required improvements. Such performance bond shall comply with the requirements of § 277 of New York State Town Law and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. The period within which required improvements must be completed shall be specified by the Planning Board and expressed in the bond.

§ A176-36 Improvements required before building permit issuance.

Prior to the issuance of a building permit for any lot, the applicant shall complete all necessary rough-grading drainage improvements within all road rights-of-way fronting or drainage easements serving such lot in order to ensure suitable access to the building lot by emergency vehicles.

§ A176-37 Improvements required before certificate of occupancy issuance.

A. 
Prior to the issuance of a certificate of occupancy for a structure on any lot not fronting on any improved public street, the applicant shall complete storm drainage, curbs, sidewalks and sanitary sewerage construction within the right-of-way and any easements affecting that lot and all rights-of-way between that lot and existing improved public streets; shall have installed all utilities, including house connections and streetlighting, in such right-of-way; and shall fine-grade and construct base course and asphaltic concrete binder course to the full design widths of street pavement.
B. 
Prior to the issuance of a certificate of occupancy for any structure, the boundary pins must first be installed at all property corners.
[Added 7-8-1991 by L.L. No. 3-1991]

§ A176-38 Maintenance; bonds; insurance.

A. 
The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks, if required, until the acceptance of said improvements by the Town Board. If there are any certificates of occupancy on a street not dedicated to the town, the town may, on 12 hours' notice, plow the street or effect emergency repairs and charge the same to the developer.
B. 
The applicant shall be required to file a maintenance bond with the Town Board, prior to dedication, in an amount considered adequate by the Town Engineer, but no less than 20% of the performance bond, in order to insure the satisfactory condition of the required improvements for a period of one year after the date of their acceptance by the Town Board and dedication of the same to the town.
C. 
Prior to acceptance by the town of the dedication of the street, the developer shall file with the Town Clerk evidence that he has taken out, for the same period of time as the maintenance bond, an insurance policy in the amounts of $1,000,000 for public liability and $50,000 for property damage, naming as the insured the Town of Haverstraw and all town officials and employees. The purpose of this requirement for insurance is to protect and defend the town against any claims which may arise because of the operations of the developer or possible defects in work performed by the developer.
D. 
Subsequent to the acceptance of the dedication of the street and after receipt of the maintenance bond and evidence of insurance by the town, the Town Board shall release the performance bond.

§ A176-39 Inspection; fee.

The Planning Board shall provide for the inspection of required improvements during construction and ensure their satisfactory completion. The applicant shall pay to the town an inspection fee of 5% of the amount of the performance bond or the estimated cost of required improvements, whichever is greater. The subdivision plat shall not be signed by the Chairman of the Planning Board unless such fee has been paid at the time of application for final approval. If the Town Engineer, the Town Superintendent of Highways or other Planning Board consultant finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved construction plans, the applicant shall be responsible for the completion of said improvements. The applicant and the bonding company shall be severally and jointly liable for completion of said improvements according to specifications.

§ A176-40 Completion; release or reduction of bond.

A. 
The applicant's engineer or surveyor shall submit a statement certifying the location of monuments, the elevation and sizes of sewer and drainage pipes, culverts, manholes and the layout of roads and provide a certified plan showing facilities as built, including the elevation and location of all public utilities. Upon such approval and recommendation that the improvements shall have been completed, are ready for dedication to the town and are free and clear of any and all liens and encumbrances and upon the furnishing to the Town Attorney of a title insurance policy reflecting such facts, the Town Board shall thereafter accept the improvements for dedication in accordance with the established procedure.
B. 
The Town Board shall neither accept dedication of required improvements nor release nor reduce a performance bond until the Town Engineer, the Town Superintendent of Highways and/or any applicable town consultants have submitted reports stating that all required improvements have been satisfactorily completed.
C. 
A performance bond may be reduced only to the ratio that the cost of the public improvements dedicated bears to the cost of the total public improvements required for the plat. In no event shall a performance bond be reduced below 25% of the principal amount, nor shall the cash or securities portion be released below 50%, prior to the acceptance of the improvement by the Town Board.

§ A176-41 Failure to complete.

Where the required improvements have not been installed within the tenure of approval, the Town Board may thereupon, in cases where minor improvements are needed or in cases with improvements of over 10% of the value of the bond, declare said bond to be in default and require that all necessary improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.

§ A176-42 Waiver of required improvements.

The Planning Board may waive at the time of final approval, subject to appropriate condition, the provisions of any or all such improvements as, in its judgment and based on recommendations of the Town Engineer or other applicable town consultants, are not required in the interests of public health, safety and/or general welfare or which are determined to be inappropriate because of inadequacy or absence of connecting facilities.