Any subdivider who proposes to develop a major subdivision in
the Town of Stockport shall comply with the regulations provided in
this article and Article 16 of the Town Law regarding the posting
of performance guarantees and the provision or installation of utilities
and other required improvements.
In making determinations regarding the necessity and extent
of the provision and installation of required subdivision improvements,
the Planning Board shall take into consideration the prospective character,
density and uses within the proposed subdivision, whether residential,
commercial or industrial.
A.
Required improvements. The Planning Board shall require the provision and installation of the following improvements, in accordance with the Town Law, unless it shall specifically waive, in writing, any such improvements as provided in § 105-38 of this chapter.
(1)
Parks, playgrounds or other public open spaces of adequate size and
location for recreational purposes.
(2)
Paved streets, roadways, common driveways and driveway aprons.
(3)
Street signs and posts.
(4)
Pedestrianways.
(5)
Streetlighting.
(6)
Curbs and gutters.
(7)
Street trees.
(8)
Water supply facilities.
(9)
Sanitary sewage disposal facilities.
(10)
Storm drainage facilities.
(11)
Seeding and other means of erosion control for all lands within
the subdivision tract, including all lots, common areas and rights-of-way.
(12)
Monuments or other acceptable markers suitably placed and installed.
B.
Standards for installation. All improvements required by the Planning
Board shall be installed in accordance with standards, specifications
and procedures acceptable to the appropriate Town departments or as
provided in this chapter.
C.
Modification of the design of improvements shown on the approved
plat. If, at any time before or during construction of the required
improvements shown on the approved plat, it is demonstrated to the
designated Town Engineer that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the designated Town Engineer may, upon concurrence of the Chairman
of the Planning Board, authorize minor modifications which are within
the spirit and intent of the Planning Board's approval and do
not extend to constitute the waiver or substantial alteration of the
function of any of the improvements required by the Planning Board.
The designated Town Engineer shall issue any such authorization under
this provision, in writing, and shall transmit a copy of such authorization
to the Clerk of the Planning Board for report to the Planning Board
at its next regular meeting.
D.
Inspection of improvements.
(1)
At least five days prior to commencing construction of required improvements,
the subdivider 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 such 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 as required by the Planning
Board.
[Amended 10-2-2002 by L.L. No. 5-2002]
(2)
In order to facilitate inspection of required improvements during
construction, the applicant shall notify the designated Town Engineer
at least three working days before reaching each of the following
stages of construction:
(3)
The applicant shall not proceed to work on any stage subsequent to
the first stage until the work of the previous stage has been inspected
and approved by the designated Town Engineer or his duly authorized
representative. In the case of any other improvements, the designated
Town Engineer shall inspect the work at such progressive stages as
he shall specify. The designated Town Engineer shall certify to the
Planning Board that the work was inspected by him and was found to
be in accordance with the approved plans and specifications.
E.
Proper installation of improvements. If the designated Town Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance guaranty or letter of credit, 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 Building Inspector and the Planning
Board. The Town Board shall then notify the subdivider and, if necessary,
the bonding company and take all necessary steps to preserve the Town's
rights under the performance guaranty or letter of credit. No plat
shall be approved by the Planning Board as long as the subdivider
is in performance default on any previously approved plat within the
Town.
A performance bond or letter of credit shall be delivered to
the Town to guarantee thereby to the Town that the subdivider shall
faithfully cause to be constructed and completed within a reasonable
time the required improvements and convey the required lands and improvements,
where applicable, to the Town free and clear of all encumbrances.
A.
Procedure. Before the Planning Board grants final approval of the final subdivision plat, the subdivider shall provide to the Clerk of the Planning Board a detailed engineer's cost estimate for all required improvements for review and concurrence by the designated Town Engineer and shall subsequently follow the procedure set forth in either Subsection A(1) or (2) herein:
(1)
In any 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 guaranty or letter of credit to cover the
full cost of the required improvements. Any such performance bond
or equivalent security 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, but not exceeding three years, shall
be set forth in the bond or letter of credit as the period within
which the required improvements must be completed. The subdivider
shall additionally file a copy of said certified check or letter of
credit with the Clerk of the Planning Board. If the Planning Board
shall decide at any time during the term of the performance guaranty
or letter of credit that the extent of building development that has
taken place in the subdivision is not sufficient to warrant all the
improvements covered by such performance guaranty or letter of credit
or that required improvements have been installed as provided in this
article and by the Planning Board in sufficient amount to warrant
reduction in the face amount of said bond or that the character and
extent of such development requires additional improvements previously
waived for a period stated at the time of fixing the original terms
of such bond or letter of credit, the Planning Board may modify its
requirements for any or all such improvements, and the face value
of such performance guaranty or letter of credit shall thereupon be
reduced or increased by an appropriate amount so that the new face
value will cover the cost in full of the amended list of improvements
required by the Planning Board, and any security deposited with the
bond may be reduced or increased proportionately.
(2)
The subdivider shall complete all required improvements to the satisfaction
of the designated Town Engineer, who shall file with the Planning
Board a letter signifying the satisfactory completion of all improvements
required by the Planning 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 in addition
to the cost of satisfactorily installing any improvements not approved
by the designated Town Engineer. Any such bond shall be satisfactory
to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety. The subdivider shall additionally file a
copy of said certified check or other performance guaranty or letter
of credit with the Clerk of the Planning Board.
B.
As-built drawing required. No required improvements shall be considered to be completed until the installation of the improvements has been approved by the designated Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the specific location of all underground utilities as actually installed. If the subdivider completes all required improvements according to the provisions of Subsection A(2) above, then said map shall be submitted prior to endorsement of the final plat by the Planning Board Chairman. However, if the subdivider elects to provide a performance guaranty or letter of credit for all required improvements as specified in Subsection A(1) above, such bond or equivalent security shall not be released until such map is submitted and deemed satisfactory by the Planning Board.
The subdivider shall file with the Town Board a maintenance
bond in an amount not less than 20% of the cost estimate for installation
of required improvements and which shall be adequate to assure the
satisfactory condition and operation of the initial public improvements
for a period of one year following their completion and acceptance,
where applicable, by the Town Board. Such maintenance bond shall be
satisfactory to the Town Attorney as to form, manner of execution
and surety and in an amount satisfactory to the designated Town Engineer.
The subdivider shall additionally file a copy of said certified check
or other performance guaranty or letter of credit with the Clerk of
the Planning Board.
A.
Filing requirement. The subdivider shall file with the Town Attorney
a general liability insurance policy at the same time that he files
his performance guaranty or letter of credit. The Town Board shall
approve the policy as to form. The policy shall be in force during
the term of the performance guaranty or letter of credit and shall
be extended in conformance with any extension of the performance guaranty
or letter of credit. The subdivider shall additionally file a copy
of said certified check or other performance guaranty or letter of
credit with the Clerk of the Planning Board.
B.
Limits of coverage. The policy shall insure the Town and the subdivider
and shall cover all operations in the development involving existence
and maintenance of property and buildings and contracting operations
of every nature involving all public improvements. Said policy shall
have limits of liability of $500,000 for bodily injury and/or property
damage per occurrence or such higher limit as may be recommended by
the Town Engineer and Town Attorney.
A.
Service connections. When public franchise utilities are to be installed,
the subdivider shall submit to the Planning Board written assurances
from each public utility company that such company will make the necessary
service installations within a time limit and according to specifications
satisfactory to the Planning Board.
B.
Easements or other releases. The final plat shall include statements
by the owner granting all necessary easements or other releases where
required for the installation of public franchise utilities.
