Any subdivider who proposes to develop a major subdivision in
the Town of Red Hook shall comply with the regulations provided in
this article regarding the posting of performance guaranties 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,
institutional, commercial or light 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 Article X, § 120-32, of this chapter:
(1)
Parks, playgrounds or other 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 or gutters.
(7)
Street trees and treatment of buffer areas and other required landscaping.
(8)
Water supply and fire protection facilities.
(9)
Sanitary sewage disposal facilities.
(10)
Storm drainage facilities.
(11)
Franchise utilities.
(12)
Seeding and other means of erosion control for all lands within
the subdivision tract, including all lots, common areas and rights-of-way.
(13)
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 officials or 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 Chair 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, in
writing, and shall transmit a copy thereof 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 the installation of required
improvements, the subdivider shall pay to the Town Clerk for purposes
of establishing an escrow account the inspection fee required by the
Town Board and shall notify the Town Board and the designated Town
Engineer, in writing, of the time when it 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. The inspection fee shall provide
reimbursement to the Town for actual direct costs incurred for such
engineering services, as specified on the subdivision fee schedule
established and annually reviewed by the Town Board upon recommendation
of the Planning Board.
(2)
In order to facilitate inspection of required improvements during
construction, the applicant shall further 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 a representative who
may be duly authorized by the Town Board. 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, in writing, to the Planning Board that the
work was inspected 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, 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. No further plat approvals shall be
granted by the Planning Board to any subdivider as long as the subdivider
is in performance default on any previously approved plat within the
Town of Red Hook.
A performance bond or equivalent security 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)
Filing of certified check or performance guaranty.
(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 guaranty 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 performance bond or equivalent security as the period
within which the required improvements must be completed. The subdivider
shall additionally file a copy of said certified check or other performance
guaranty with the Clerk of the Planning Board.
(b)
If the Planning Board shall decide at any time during the term
of the performance guaranty 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 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 equivalent security, the Planning Board may modify its requirements
for any or all such improvements, and the face value of such performance
guaranty 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 performance 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 performance
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
with the Clerk of the Planning Board.
B.
Record 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 certified by the
applicant's engineer and satisfactory to the designated Town
Engineer and the Planning Board has been submitted indicating the
specific location of all underground utilities as actually installed.
C.
If the subdivider completes all required improvements according to provisions of Subsection A(2) above, then said map shall be submitted prior to endorsement of the final plat by the Planning Board Chair. However, if the subdivider elects to provide a performance guaranty for all required improvements as specified in Subsection A(1) above, such bond or equivalent security shall not be released until the required as-built drawing is submitted and deemed satisfactory by the Planning Board.
The subdivider shall file with the Town Board a maintenance
bond in an amount of 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 Board and 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 with the Clerk of the Planning Board
and, as may be applicable, the Town Superintendent of Highways.
A.
Filing requirement. The subdivider shall file with the Town Board
a general liability insurance policy at the same time that he files
his performance guaranty. The policy shall be acceptable to the Town
Attorney and designated Town Engineer and shall be in force throughout
the term of the performance guaranty and shall be extended in conformance
with any extension of the performance guaranty. The subdivider shall
additionally file a copy of said policy with the Clerk of the Planning
Board and, as may be applicable, the Town Superintendent of Highways.
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 limits as the Planning Board
may require, upon recommendation of the designated Town Engineer and/or
Town Attorney.
A.
Service connections. When 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 period and according to specifications
satisfactory to the Planning Board, which shall include the undergrounding
of all on-site and, to the extent practicable, off-site extensions
in accordance with rules and regulations promulgated by the New York
State Public Service Commission.
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 franchise utilities.
