Before the Planning Board grants final approval
of the subdivision plat, the subdivider shall follow the procedure
set forth in either Subsection A or B below:
A.
In an amount set by the Planning Board the subdivider
shall either file with the Town Clerk a certified check to cover the
full cost of the required improvements or the subdivider shall file
with the Town Clerk a performance bond to cover the full cost of the
required improvements. Any such bond shall comply with the requirements
of § 277 of the Town Law and further shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety. A period of one year (or such other period
as the Planning Board may determine appropriate, not to exceed three
years) shall be set forth in the bond within which required improvements
must be completed.
B.
The subdivider shall complete all required improvements
to the satisfaction of the Town Engineer, who shall file with the
Planning Board a letter signifying the satisfactory completion of
all improvements required by the Board. For any required improvements
not so completed, the subdivider shall file with the Town Clerk a
bond or certified check covering the costs of such improvements and
the cost of satisfactorily installing any improvement not approved
by the Town Engineer. Any such bond shall be satisfactory to the Town
Board and Town Attorney as to form, sufficiency, manner of execution,
and surety.
C.
The required improvements shall not be considered to be complete until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection B, above, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection A, above, such bond shall not be released until such a map is submitted.
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 these modifications
are within the spirit and intent of the Planning Board's approval
and do not extend to the waiver or substantial alteration of the function
of any improvements required by the 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 their next regular
meeting.
At least five days prior to commencing construction
of required improvements the subdivider shall pay to the Town Clerk
the inspection fee required by 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 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.
If the Town Engineer shall find, upon inspection
of the improvements performed before the expiration date of the performance
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 Planning Board with recommendations. The
Planning Board then shall notify the subdivider, and if necessary,
the bonding company, and take all necessary steps to preserve the
Town's rights under the bond. No plat shall be approved by the Planning
Board as long as the subdivider is in default on a previously approved
plat.
