Prior to an action by the Planning Board approving a subdivision plat, as specified in § 107-9D of this chapter, the applicant shall be required to complete, in accordance with the Planning Board's decision and to the satisfaction of the appropriate town departments, all the street, sanitary and other improvements specified in the action approving said plat or, as an alternative, to file with the Town Board a bond in an amount estimated by the Planning Board to secure to the town the satisfactory construction and installation of the incompleted portion of the required improvements. All required improvements shall be made by the applicant, at his expense, without reimbursement by the town or any district therein.
Performance bonds shall comply with the requirements of § 277
of the Town Law and shall be satisfactory to the Town Board as to
form, sufficiency and manner of execution. A period of one year or
such other period as the Planning Board may determine appropriate,
within which required improvements must be completed, shall be specified
by the Planning Board and expressed in the bond. The bond shall also
provide that an amount determined adequate by the Planning Board shall
be retained for a period of one year after the date of completion
of the required improvements to assure their satisfactory condition.
A.
Inspection. The town may employ an inspector to act as agent of the
Planning Board for the purposes of assuring the satisfactory completion
of improvements required by the Planning Board and shall determine
an amount sufficient to defray costs of inspection. The applicant
shall pay the town costs of inspection before the subdivision plat
is signed for filing. If the Planning Board or its agent finds, upon
inspection, that any of the required improvements have not been constructed
in accordance with the approved drawings, the applicant and the bonding
company will be severally and jointly liable for the costs of completing
said improvements according to specifications.
B.
Utilities. The Board may accept assurance from each public utility
company whose facilities are proposed to be installed. Such assurance
shall be in writing, addressed to the Board, stating that such public
utility company will make the installations necessary for the furnishing
of its services within a specified time in accordance with the approved
subdivision plat.
C.
Monuments. Permanent monuments shall be set at block corners and
at the beginning and end of all curves and at such other points as
are necessary to establish definitely all lines of the plat, except
those outlining individual lots. In general, permanent monuments shall
be placed at all critical points necessary to correctly lay out any
lot in the subdivision. Permanent monuments shall be constructed of
concrete with a three-fourths-inch iron rod insert, having ground
level dimensions at five inches square and 36 inches long, tapering
to six inches square at the subsurface level. Four such monuments
at the periphery of the plat shall have a brass cap accurately set
and identified as a bench mark, with the elevation labeled thereon.
At the corners of each lot, an iron pin one inch in diameter and 36
inches long shall be placed into the ground to grade.
