The construction or installation of any improvements or facilities,
other than roads, for which guarantee has been made by the subdivider
in the form of a performance bond or other security agreement shall
be completed within one year from the date of approval of the final
plat. Road improvements shall be completed within two years from the
date of approval of the final plat. The subdivider may request an
extension of time, provided that the subdivider can show reasonable
cause for inability to perform said improvements within the required
time. The extension should not exceed 12 months, at the end of which
time the town may use as much of the bond or check deposit to construct
the improvements as necessary. More than one twelve-month extension
may be granted at the discretion of the Planning Board. The same shall
apply whenever construction of improvements is not performed in accordance
with applicable standards and specifications.
Regardless of the form of security agreement chosen, the town
and subdivider shall enter into a written agreement itemizing the
schedule of improvements in sequence with the cost opposite each phase
of construction or installation, provided that each cost as listed
may be repaid to the subdivider upon completion and approval after
inspection of such improvement or installation. However, 10% of the
check deposit, performance bond or other security shall not be repaid
to the subdivider until one year following the completion, inspection
and acceptance by the town of all construction and installation covered
by the check deposit or performance bond as outlined in the subdivider's
contract.
Periodic inspections during the installation of improvements
shall be made by the Code Enforcement Officer and/or Town Highway
Superintendent, as appropriate, to ensure conformity with the approved
plans and specifications as contained in the subdivider's contract
and this chapter. The subdivider shall notify the Code Enforcement
Officer when each phase of improvements is ready for inspection. At
least five days prior to commencing construction of required improvements,
the subdivider shall pay to the Planning Board Clerk any inspection
fee required by the Town Board. Upon acceptable completion of installation
and improvement, the Planning Board shall issue a letter to the subdivider
or his representative, and such letter shall be sufficient evidence
for the release by the Town of Eaton the portion of the performance
bond or other security as designated in the subdivider's contract
to cover cost of such completed work.
When the Code Enforcement Officer and Highway Superintendent,
following final inspection of the subdivision, certifies to the Planning
Board and the Town Board that all installations and improvements have
been completed in accordance with the subdivider's contract, the Town
Board may, by resolution, proceed to accept the facilities for which
the security agreement was made.