[Amended 11-15-1977; 4-28-2025 by L.L. No. 4-2025]
A. 
Completion of improvements. After adoption of a resolution approving a subdivision plat, and before the plat is signed by the Chair of the Planning Board, the applicant shall be required, except as provided in Subsection B to complete all street, sanitary and other improvements specified in the resolution approving said plat.
B. 
Exceptions.
(1) 
At its discretion, the Planning Board may grant final plat approval subject to the filing of performance security with the Town of Lewisboro in an amount fixed by the Planning Board as sufficient to secure the satisfactory construction and installation of the incomplete portion of the required improvements, and further subject to the full understanding of the applicant and stipulation of the applicant on the final plat that no building permit may be granted for any structure on a lot within a subdivision until all required improvements have been substantially completed to the satisfaction of the Planning Board in accordance with Subsection C.
(2) 
Such performance security shall comply with the requirements of § 277 of the Town Law and be in the form of a surety bond, letter of credit, or monetary deposit with the Town of Lewisboro. The period within which required improvements must be completed will be specified by the Planning Board in its resolution, subject to the provisions of Town Law § 277 and expressed in the performance security provided. In order to assure the soundness and integrity of such improvements, such performance security shall also provide for the retention by the Town of Lewisboro of 10% of the originally fixed amount for a period of one year after the dedication papers and certificate of title in proper form are filed and accepted, whichever is later. When improvements are completed prior to the signing of the plat, the applicant shall provide performance security in amount determined by the Planning Board to assure the soundness and integrity of such improvements while the performance security is in effect.
C. 
Substantial completion. "Substantially completed" shall mean the completion of all street improvements, including drainage, curbing, grading, seeding, and erosion control measures, up to but not including the finish course of asphalt for that portion of the subdivision for which building permits are desired. The minimum length of street which must be substantially completed shall be 1,000 feet.
D. 
Costs to be borne by applicant. All required improvements shall be made by the applicant, at his expense, without reimbursement by the Town or any special district therein.
E. 
Satisfactory construction. The construction or installation of all required improvements shall be done to the satisfaction of the Planning Board, and in accordance with the terms of its resolution of approval and the design standards and construction specifications set forth in Articles V and VI of these regulations.
F. 
Modification of requirements. If at any time, either before or during the course of construction of the required improvements, it is determined by the Planning Board, based upon a report from the Town Engineer or the Building Inspector, that unforeseen conditions make it necessary to modify the location or design of any such improvements, the Planning Board may modify the terms and conditions of the approval or require the modified plans to be approved by the Planning Board so as to require such changes as may be necessary to comply with the spirit and intent of the Planning Board's original approval and to conform to accepted engineering practices. If such modifications affect the scope of work the completion of which is assured by performance security, the Planning Board may also require the necessary modifications of such performance security.
G. 
Failure to complete improvements.
(1) 
Where performance security is not posted. If the improvements are not completed within the period specified by the Planning Board in the resolution approving the subdivision plat, the approval shall be deemed to have expired. The applicant may reapply for approval of the proposed subdivision in accordance with these regulations.
(2) 
Where a performance security is furnished. If the improvements are not completed within the term of such performance security and if no application for the extension of the performance security has been made by the subdivider and approved by the Planning Board, the Town Board may thereupon declare said performance security to be in default. Where none of the required improvements have been installed within the time period specified in the performance security, the approval of said subdivision shall be deemed null and void.
H. 
Extension of period specified in performance security.
(1) 
The time period specified for the completion of all required improvements, as set forth in the performance security, shall not be extended except upon the approval of the Planning Board. Requests for an extension shall be addressed, in writing, to the Planning Board and shall set forth the following:
(a) 
Detailed reasons for failure or inability to complete the work within the time specified in the performance security.
(b) 
The amount of work which has been completed, as certified by the applicant's engineer.
(c) 
The maximum estimated time required to complete the remainder of the work.
(d) 
The period for which extension of the performance security is requested.
(2) 
Whether or not street improvements have been started by the subdivider prior to granting extension to the specified time period, the Planning Board shall consider escalations in construction costs and may require the amount of the performance security to be increased to reflect increased construction costs.
I. 
Reduction or release of performance security. Upon request, the required amount of performance security may be reduced during its term or released upon completion of all required improvements. A request to reduce or release the performance security shall be submitted, in writing, to the Planning Board and must itemize the required improvements completed. If a reduction is sought, the request shall specify the amount of reduction requested. The Planning Board, after a public hearing, shall determine whether the required improvements have been installed in sufficient amount to warrant such reduction or release. The Planning Board shall then tender a recommendation concerning the requested reduction or release to the Town Board, which shall approve, deny, or approve and deny in part the reduction or release request.
J. 
Snow removal bond. Where a certificate of occupancy may be granted prior to acceptance of any street by the Town Board, the subdivider shall post a cash bond in the amount of $1,000 per 1,000 feet of road substantially completed for the purpose of guaranteeing that he will remove snow from the street quickly and thoroughly. The cash bond shall not relieve the subdivider from the obligation of snow removal.[1]
[1]
Editor's Note: A copy of a Town Board consent form, which immediately followed this subsection, is on file at the office of the Town Clerk.
A. 
General procedure. The Town Engineer, Town Highway Superintendent or other duly authorized representative shall inspect required improvements during construction to assure their satisfactory completion and, upon such completion, the Planning Board shall require a certificate from such official stating that all required improvements have been satisfactorily completed. If, upon inspection, it is found that any of the required improvements have not been constructed in accordance with the approved plans, the applicant shall be responsible for completing said improvements according to specifications. Failure of the Town Engineer, Town Highway Superintendent or other duly authorized representative to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities.
B. 
Inspection and engineering fee.
(1) 
Applicants for all subdivisions and/or site plan approval involving the construction of new streets and/or other improvements including parking areas shall be required to pay an engineering and inspection fee equal to 5% of the amount of the performance bond, as determined by the Planning Board, required to insure the completion of such improvements. Where performance bond is waived or not required, the applicant shall pay a fee to cover actual inspection and engineering costs incurred by the Planning Board. Such fee is payable prior to the initiation of any construction operations and whether or not the applicant elects to actually post such bond with the Town. Such fee shall be used to cover the costs incurred by the Town in conducting inspections.
(2) 
In addition to the foregoing, the applicant shall pay the fee of any professional consultant engaged by the Planning Board in acting on the application.
C. 
Inspection of stages of construction.
(1) 
In order to facilitate inspection of required improvements during construction, the applicant shall notify the Town Engineer when reaching each of the following stages in the construction operation. No construction will be approved without such notification. Advance notice of at least two working days shall be given wherever possible:
(a) 
After shaping of subgrade and before trenching or spreading of gravel base.
(b) 
During excavation and before construction of embankment or subgrade when soft and unstable material is encountered.
(c) 
When excavations are ready for placing foundations and when trenches are shaped and prepared for laying pipe and/or underground utility lines.
(d) 
After gravel base is spread and compacted and before pavement base course is started.
(e) 
When placing and rolling of lower and surface pavement course is started.
(f) 
After completion of all improvements.
(2) 
The applicant shall not proceed to work on any stage subsequent to the first stage until the work has been inspected and approved by the Town Engineer or other duly authorized representative.
(3) 
In the case of any other improvements, the Town Engineer shall inspect the work at such progressive stages as he shall specify, and he shall certify to the Board that the work was inspected by him and was in accordance with the approved plans and specifications.
D. 
Certification of mix data. Upon request of the Town Engineer or other duly authorized representative, the applicant shall furnish a certification from the bituminous concrete supplier providing mix data, including aggregate source and grading, quantities of all ingredients and critical temperatures.
E. 
Test specimens. When test specimens are requested by the Town Engineer or other duly authorized representative, the contractor shall cut and transport the necessary sample to a laboratory selected by the engineer. Costs of test and reports shall be borne entirely by the applicant.
F. 
Certification of construction. When a subdivider has completed construction of all required improvements and requests the Town Engineer and Superintendent of Highways to make a final inspection, such report shall be accompanied by three copies of as-built plans and profiles which show the actual locations of the edges of street pavements and right-of-way lines, the stationing and profile of the center line and both edges of pavements; the size, location and grades or invert elevation, as appropriate, of drainage structures; the location of any drainage easements; the location of underground utility lines and equipment; and the location of monuments, street signs, street trees and all other required improvements as constructed. Such plans and profiles shall bear a dated certification by a licensed surveyor or a professional engineer to the effect that the data shown thereon was accurately determined by field survey.
A. 
Offers of cession. All streets, parks and required easements shall be indicated on the plat. In accordance with § 278 of the Town Law, with respect to streets and parks, the applicant may add a notation as part of the plat, if he so desires, to the effect that no offer of dedication of such streets and/or parks is made to the public. Formal offer of cession to the public of all streets and parks not marked with such notation on the plat shall be filed with the Planning Board with the final application. Prepare form as illustrated in Appendix B.[1]
[1]
Editor's Note: Appendix B is on file in the office of the Town Clerk.
B. 
Acceptance by Town.
(1) 
Acceptance of any such offer of streets and parks shall rest with the Town Board. In the event that the applicant shall elect not to file the plat in the office of the County Clerk within the sixty-day period required by law, then such formal offer of cession shall be deemed to be void. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat.
[Amended 11-15-1977]
(a) 
Application to lay out a Town highway.
(b) 
Dedication and release.
(c) 
Consent of the Town Board to proposed Town highway.
(d) 
Order laying out highway on release from owners.
(2) 
Applicant shall also file as part of the dedication papers, a certificate of title, issued by any title company licensed to do business within the State of New York, certifying that the acceptance by the Town Board of the dedication and release will convey good title to the Town of Lewisboro, free of encumbrances.
(3) 
Upon completion of all improvements, applicant shall complete and file with the Town Board, the following forms (commonly referred to as the "dedication papers") as illustrated in Appendix B.[2]
[2]
Editor's Note: Appendix B is on file in the office of the Town Clerk.
C. 
Maintenance. In those cases where no offer of cession to the public is made for the streets, parks and required easements shown on the plat, there shall be submitted with the plat copies of agreements or other documents providing for and fixing responsibility for their suitable maintenance and statements of all rights which exist with respect to the use of such property. Such documents shall be in a form satisfactory to the Town Attorney and shall require the approval of the Planning Board as to the method and adequacy of maintenance.
The Planning Board may waive, upon the request of the applicant and subject to appropriate conditions, the provision of any or all such improvements as in its judgment of the special circumstances of a particular plat are not requisite in the interest of the public health, safety and general welfare or which, in its judgment, are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.