[Res. No. 91-96, 9-24-1996]
(a) Prior to the approval of a final plat by the common council, the
applicant shall complete all of the improvements deemed necessary
by the common council to the satisfaction of the appropriate city
departments and the common council.
(b) All of the required improvements shall be made by the applicant without
reimbursement by the city. Unless alternatively provided for in accordance
with the provisions of General City Law, said improvements shall include
the following, as well as those other development improvements set
forth in criteria and specifications adopted by the common council:
(10)
Water distribution lines and hydrants.
(11)
Park and recreation facilities.
(12)
Electrical, gas, telephone, television cable and utility lines.
(13)
Plantings and ground cover.
(14)
Driveways within rights-of-way (once the location and layout
of the development on the premises is known).
(c) The subdivider shall complete all of the required improvements to
the satisfaction of the city director of public works who, upon receipt
of written certification by the appropriate agency and/or authorized
city department head, shall file a letter with the common council
signifying the satisfactory completion of all improvements required
by the common council.
(d) The required improvements shall not be considered to be completed
until the installation of the improvements has been approved by the
city director of public works upon receipt of written certification
by the appropriate agency and/or authorized city department head and
an as-built map satisfactory to the common council has been submitted
indicating the exact location of all utilities as installed. Said
map shall be submitted prior to the signing of the plat by the mayor
or a designee.
(e) After consultation with the city director of public works, the common
council may waive any required subdivision improvement. Such waiver
may be granted by the common council if an improvement is considered
to be inappropriate because of the inadequacy of or lack of connecting
facilities adjacent to or in close proximity to the subdivision or
when such an improvement is not judged to be requisite to the public
health, safety and general welfare.
[Res. No. 91-96, 9-24-1996]
(a) As an alternative to the completion of the required improvements,
the subdivider may, prior to the approval of the final plat by the
common council, file a certified check, irrevocable letter of credit
or other security with the city clerk. The amount of the certified
check, irrevocable letter of credit or other security shall be estimated
by the developer's engineer and approved by the city's director of
public works. Such security shall be sufficient to cover the full
cost of the required improvements deemed necessary by the common council.
Any such letter of credit shall comply with the requirements of Section
33 of General City Law and shall be satisfactory to the common council
and the city attorney as to form, sufficiency, manner of execution
and surety. The common council shall determine an appropriate period
of time to be set forth within the security agreement (not to exceed
three years) within which the required improvements shall be completed.
The term of the security agreement may, however, be extended by mutual
agreement of the common council and the subdivider.
(b) If the subdivider elects to provide a certified check or letter of
credit for any or all of the required improvements, such guarantee
shall not be released until an as-built map satisfactory to the common
council has been submitted indicating the location of all underground
utilities as installed. The city director of public works shall provide
written certification that the improvements have been completed as
required by the common council.
(c) In the event the subdivider is authorized to file the approved plat
in sections, as provided herein, final plat approval may be granted
and the plat shall be filed by the subdivider in the Office of the
Cattaraugus County Clerk following the installation of the required
improvements or the furnishing of security to cover the costs of such
improvements. The subdivider shall not be permitted to begin construction
in any one section until all previously approved sections have been
filed in the office of the county clerk and the required improvements
have been installed in such prior sections or security covering the
costs of such improvements has been provided therefor.
(d) The letter of credit shall continue in full force and effect until
a request is made to the mayor for a release from the latter of credit.
Once received, the mayor shall submit the request to the city director
of public works for a recommendation. The mayor shall also forward
a copy of the request to the common council for its review and recommendation.
Upon receipt of the city director of public works' recommendation
and the response from the common council, the mayor may authorize
the release of up to 90% of the total security. Prior to the mayor
approving the release of up to 90% of the security, the city director
of public works shall prepare and sign a statement to the effect that:
(a) the work has been completed according to plans and specifications;
(b) the work has been inspected by an engineer; and (c) all improvements
have been successfully tested. Prior to requesting the release of
the final 10% by the subdivider, a maintenance bond covering two years
and equal to 10% of the total cost of the improvements shall be posted
and all public streets within the subdivision shall be dedicated to
the city. The mayor may authorize the final release of said security
upon the city clerk's receipt of the required maintenance bond.
(e) In the event the subdivider is not in compliance with with conditions
of this chapter or any other applicable city laws, such certified
check, letter of credit or other security shall be forfeited to the
city and used for the compilation of the required improvements. The
city shall return any amount to the applicant that is not needed to
cover any costs incurred by the city as a result of the applicant's
default.
[Res. No. 91-96, 9-24-1996]
(a) The city director of public works shall act as agent of the common
council for the purpose of assuring the satisfactory complation of
all improvements required by the common council. The costs of such
inspection shall be determined based on a fee schedule adopted by
resolution of the common council. The applicant shall pay the city
for the costs of inspection before the final plat is signed for filing.
If the city director of public works finds, upon inspection, that
any of the required improvements have not been constructed in accordance
with common council's recommendations or the final plat construction
sheet, the applicant shall be liable for the costs of completing said
improvements according to the approved specifications. No plat shall
be approved by the common council as long as the subdivider is in
default on a previously approved plat. No certificate of occupancy
shall be issued by the city code enforcement office for any lots for
which the subdivider is deemed to be in default.
(b) If at any time before or during the construction of the required
improvements it is demonstrated, to the satisfaction of the city director
of public works, that unforseen conditions make it necessary or preferable
to modify the location or design of such required improvements, the
city director of public works may, by resolution of the common council,
authorize such modifications provided that such modifications are
within the spirit and intent of the common council's approval and
do not waive or substantially alter the function of any improvements
required by the common council. The city director of public works
shall issue any such authorization in writing and shall transmit a
copy of such authorization to the common council at their next regularly
scheduled meeting. The final plat construction sheets shall be modified
to reflect the changes which are authorized and said final plat construction
sheets, once modified, shall be made part of the subdivision file.
(c) At least 30 days prior to commencing construction of the required
improvements, the subdivider shall notify the city director of public
works in writing of the time when the construction of such improvements
is scheduled to begin. This notice will enable the city director of
public works to have inspection services on-site to assure that all
city specifications and requirements are met during the construction
of required improvements and to assure that the improvements required
by the common council are satisfactorily completed.
[Res. No. 91-96, 9-24-1996]
(a) Before the common council may approve a subdivision containing residential
units, the final plat shall also show, when required by the common
council, a park or parks suitably located for playground or other
recreational purposes.
(b) Land for park, playground or other recreational purposes may not
be required until the common council has made a finding that a proper
case exists for requiring that a park or parks be suitably located
for playgrounds or other recreational purposes within the city. Such
findings shall include an evaluation of the present and anticipated
future needs for park and recreational facilities in the city based
on projected population growth to which the particular final plat
will contribute.
(c) In the event the common council makes a finding that the proposed
subdivision presents a proper case for requiring a park or parks suitably
located for playgrounds or other recreational purposes, but that a
suitable park or parks of adequate size to meet the requirement cannot
be properly located within such subdivision, the common council may
require a sum of money in lieu thereof, in an amount to be established
by the common council. In making such determination of suitability,
the common council shall assess the size and suitability of land shown
on the subdivision plat which could be possible locations for park
or recreational facilities, as well as practical factors including
whether there is a need for additional faculties in the immediate
neighborhood. Any money required by the common council in lieu of
land for park, playground or other recreational purposes shall be
deposited into a trust fund to be used by the city exclusively for
park, playground or other recreational purposes, including the acquisition
of property.