A.
The Zoning Law of the Town of Queensbury[1] provides that no building permit shall be issued for any lot or parcel of land that does not front on a public roadway. The Town Board shall not accept any roadway shown on an approved subdivision plat except when the same is built per the specifications as determined by the Highway Superintendent. The Town Board may also decline to accept dedication of any street or road for any reason. However, where the subdivider has constructed a roadway, including the binder, per the specifications hereof, except for application of surfacing materials, the Town Board may accept the offer of dedication if the subdivider files with the Town Accounting Office a cashier's check covering the cost of satisfactorily completing construction of the subject road along with an escrow agreement in a form acceptable to the Town. Such cashier's check shall be deposited by the Town Fiscal Officer in an interest-bearing account. Notwithstanding the above, in extraordinary circumstances, upon the recommendation of the Town Accounting Office and Town Board approval, a letter of credit may be used.
B.
The Town Board shall, in considering an offer of dedication of a street, roadway or infrastructure, have the right to reject the same if all other municipal improvements concerning the lots fronting on said roadway are not also complete, for reasons of public safety, municipal finance or for any other reason that it deems appropriate.
C.
In making an offer of dedication of a roadway, the subdivider shall submit the following documents to Town Counsel not less than seven days prior to the meeting of the Town Board at which such offer is to be considered:
(1)
A policy of title insurance acceptable to Town Counsel insuring the fee interest of such roadway to the Town of Queensbury in an amount determined by the Highway Superintendent.
(2)
A copy of a survey of the proposed roadway certified to the Town of Queensbury by the professional preparing the same.
(3)
Continued tax search of the subject premises.
(4)
Written review of the Highway Superintendent.
(5)
Written review of the Water Superintendent.
(6)
Written review of the Director of Wastewater, if applicable.
(7)
Written review of the Zoning Administrator.
(8)
If the grantee is a corporation, a franchise tax search or report, certificate of good standing and corporate resolution authorizing the road dedication.
(9)
Completed environmental assessment form, if necessary.
(10)
Completed real property forms, combined real estate transfer tax return and credit line mortgage certificate (TP-584) and real property transfer report (RP-5217).
(11)
Releases, if necessary, from mortgages, encumbrances, etc., and/or other documentation deemed necessary by Town Counsel, to protect the Town's title to the property.
(12)
Original, fully executed deed. If the Town Board accepts the offer of dedication, the subdivider shall record the deed and any other related documents with the Warren County Clerk and pay all associated recording and title insurance fees.
(13)
If surfacing material has not been applied, then a cashier's check, in an amount recommended by the Town Highway Superintendent, to cover the cost of satisfactorily completing construction of such roadway, a signed escrow agreement and an affidavit signed by the subdivider agreeing to complete surfacing of the roadway by a particular date within two years of acceptance of the dedication or after the base course has been installed and at least 2/3 of the lots in the subdivision or phase are built upon, whichever is earlier. Said subdivider shall bear the expense of any paving cost overruns if the cashier's check on deposit with the Town, with accrued interest, is insufficient. If any amount of money remains after surfacing is satisfactorily completed, the Town shall refund such money, plus accrued interest, to the subdivider.
(14)
Such other documents as may be requested by the Town Highway Superintendent.
D.
No offer of dedication of a roadway shall be considered by the Town Board until the entire area to be dedicated to the Town is clear of any and all construction material, fill, equipment and other obstructions. No items whatsoever may be placed within the area dedicated to the Town following acceptance of such dedication.
E.
Submissions; site inspection.
(1)
In making an offer of dedication of sanitary sewer infrastructure, the subdivider shall submit the following documents to the Town Deputy Director of Wastewater not less than 21 days prior to the meeting of the Town Board at which such dedication is to be considered:
(a)
A copy of the engineer-certified sewer main air test.
(b)
A copy of all videotapes and field logs of the CCTV internal pipe inspections.
(c)
Set of "as-built" plans with pipe profiles, lateral ties, manhole inverts, manhole pipe "in" and "out" inverts, easements, etc., certified by a New York State licensed engineer.
(d)
Set of pump station equipment manuals.
(e)
Signed easements and/or deeds for all sanitary sewer infrastructure along with proof of title acceptable to Town Counsel. (These must also be submitted to Town Counsel at such time.)
(f)
Such other documents as may be requested by the Town Supervisor of Wastewater.
(2)
Once this information is received, the Wastewater Department will schedule a site inspection. All "punch list" items must be addressed at least 10 days prior to the Town Board meeting at which the dedication will be considered.