When required by the Planning Board, trees shall be planted
on both sides of a newly installed street or road, in locations approved
by the Planning Board, and subject to the final approval of the Highway
Superintendent and the Planning Board Engineer, and subject to the
review and recommendation of the Planning Board Environmental Consultant,
except where unnecessary due to the presence of significant, preservable
existing vegetation, which shall be identified on the subdivision
plat.
A.
Plans including profiles and construction details of proposed public improvements shall be prepared by a professional engineer properly licensed by the State of New York. The plans shall clearly define the limits of the proposed rights-of-way and shall include the location, widths, profiles and grades of proposed roads, road sections, storm drainage including culverts and other drainage structures, sidewalks, street trees, and the location of easements and utilities, all in accordance with the requirements of Chapter 57 of the Town Code.[1] When any proposed highway drains toward or may otherwise
affect a county or state highway, plans shall be submitted to the
County Commissioner of Public Works or New York State Department of
Transportation for review and comment. Such plans so submitted shall
not be altered, modified or amended after having been approved by
the Planning Board unless revised plans are resubmitted to and approved
by the Planning Board.
B.
Performance security not required by consent of the Planning Board.
The applicant may request a waiver by the Planning Board of a performance
security where the applicant intends to implement and to complete
all required improvements prior to the Chairman's signature.
The Planning Board may waive the posting of a performance security
where the Board finds that the proposed improvements will be completed
within one year and will be completed as a single phase. Improvements
that will take more than one year to complete and improvements that
will be phased as part of a phased implementation of any project are
ineligible for a performance security waiver. Where the Planning Board
waives a performance security it may, in lieu of such performance
security, require the posting of such security as may be determined
by the Planning Board to ensure the restoration of the site where
such work is not completed within one year of the date of commencement.
Where no performance security is required by the Planning Board the
subdivider shall complete all required improvements to the satisfaction
of the Superintendent, the Planning Board Engineer, the Planning Board
Environmental Consultant and the Planning Board Planner prior to the
Chairman's signature on the final plat. Where the subdivider
chooses to complete the improvements prior to the Chairman's
signature the Planning Board may require the posting of cash or a
letter of credit as security for restoration of the site in the event
the subdivider commences work and later abandons the project. The
amount of the restoration security shall be established by the Planning
Board Engineer in consultation with the Superintendent, the Planning
Board Environmental Consultant and the Planning Board Planner, and
shall be subject to acceptance by the Town Board upon the recommendation
of the Planning Board. Upon receipt of written notification from the
Superintendent, the Planning Board Engineer, the Planning Board Environmental
Consultant and the Planning Board Planner that all required improvements
have been satisfactorily installed, or upon receipt of a written notification
from the Town Attorney that an acceptable security has been filed,
the Chairman of the Board shall sign the proposed final plat as approved
by the Board. Such approval in no way constitutes an acceptance by
the Town of the dedication of any streets, parks or open public spaces.
The Planning Board may require said plat to be endorsed with appropriate
notes to this effect. The Planning Board may also require the filing
of a written agreement between the applicant and the Town Board covering
future title, dedication and provision for the cost of grading, development,
equipment and maintenance of any streets, parks or playground areas.
C.
Performance security required by the Planning Board.
(1)
Where
a performance security is required by the Planning Board, the subdivider
shall file with the Town a cash bond, a security bond or a letter
of credit in an amount sufficient to cover 100% of the cost of the
required improvements as estimated by the Superintendent, the Planning
Board Planner, the Planning Board Environmental Consultant or the
Planning Board Engineer. Such security shall be subject to the review
and acceptance by the Town Attorney as to form, sufficiency and manner
of execution. The security shall be accepted by the Town Board prior
to the time of the Chairman's signature on the final plat. The security
shall be accepted by the Town Board and filed with the Town Clerk
prior to commencement of any site work or construction. The security
shall run for a term to be fixed by the Planning Board, but in no
case for a longer term than three years; provided, however, that the
term of such security may be extended by the Planning Board with the
consent of the parties thereto. If the Planning Board decides at any
time during the term of the security that the extent of building development
that has taken place in the subdivision is not sufficient to warrant
all of the improvements covered by the security, or that the required
improvements have been installed in sufficient amount to warrant reduction
in the amount of the security, then, upon approval by the Town Board,
the Planning Board may modify its requirements for any or all such
improvements, and the amount of such security shall be reduced by
an appropriate amount so that the new amount will cover the cost in
full of the amended list of improvements required by the Planning
Board.
[Amended 9-26-2017 by L.L. No. 3-2017]
(2)
Upon certification by the Town Superintendent of Highways or his duly authorized representative, or engineering inspector, that the proposed public improvements have been completed by the developer in accordance with the plan and the Town specifications (see Chapter 57,[2] § 57-14) and after the Town Board has been satisfied that the stipulated guaranties have been complied with, the Town Board may release the security to the developer or his or her assigns, except that the Town Board shall require a maintenance bond in the amount of 10% of the original road bond for a period of one year from the date of such official completion as guaranty that the developer shall maintain such completed improvements. At the expiration of the one-year maintenance period the Town Board shall release such maintenance guaranty to the developer or his or her assigns, provided that, prior to such final release of guaranty, the Town Board may deduct from such deposit all just charges for any maintenance, exclusive of charges for plowing of snow which the Town may have incurred for work on such improvements during the one-year period. The Superintendent shall obtain a hold-harmless agreement for any damage done during winter maintenance operations such as sanding, salting or plowing.
D.
Whether a performance security is required or not, prior to the issuance
of any building permit, the Superintendent of Highways shall certify
the proposed public roads as passable and safe for use. In the case
of any private road or common driveway the Planning Board Engineer
shall certify the road or driveway as passable and safe for use. All
required improvements shall be completed to the satisfaction of the
Superintendent and the Planning Board Engineer within four months
after the date of initial title transfer with respect to any lot fronting
on an unimproved or incomplete street within the subdivision, failing
which the Town Board may call the security and make any repairs or
complete any road, and may revoke any building permit(s) that may
have been issued. In the case of exceptionally large subdivisions,
the Town Board may grant a reasonable extension of time beyond said
four-month period or, alternately, may approve the completion of only
a portion of the required improvements within the period specified
in accordance with § 277, Subdivision 9(d), of the Town
Law. The security shall be released only upon certification by the
Superintendent and the Planning Board Engineer that all the required
improvements have been completed to their satisfaction.
E.
Default of security agreement. In the event that any required improvements
have not been installed as required by the terms of the security and
the Planning Board's approval, the Town Board may declare the
subdivider to be in default and may collect any sums remaining due
under the security agreement to install such improvements as are covered
by the security and as commensurate with the extent of building development
that has taken place in the subdivision but not exceeding the cost
of the amount of the security proceeds.
F.
Execution of contracts. The Town Board resolution shall require that
the owner or owners of real property execute such contracts with the
Town as the Town Board may deem necessary for the purpose of ensuring
that the expense of such construction or installation, including the
cost of issuing obligations to raise moneys to pay the expense thereof
and interest on such obligations, shall not be an undue burden upon
the property deemed benefitted by the agreements or of such improvement
district or extension thereof as the case may be and may require a
security agreement, including but not limited to the filing of a surety
bond, letter of credit, or the deposit of cash or securities in a
form approved by the Town Attorney and accepted by the Town Board
so as to assure the performance of such contracts.
[Amended 9-26-2017 by L.L. No. 3-2017]
G.
Inspection of required improvements. The Planning Board Engineer
and/or the Planning Board Environmental Consultant shall be responsible
for inspecting required improvements during construction to ensure
their satisfactory completion and, upon such completion, shall furnish
the Planning Board with a statement to that effect. The applicant
shall pay to the Town the costs of said inspection. If the Planning
Board Engineer or the Planning Board Environmental Consultant determines
that any of the required improvements have not been constructed in
accordance with the approved plan, the applicant shall be responsible
for correcting and properly completing said improvements. Failure
of the Planning Board Engineer or the Planning Board Environmental
Consultant to carry out inspections of required improvements during
construction shall not in any way relieve the applicant or the bonding
company of their responsibilities related to the proper construction
of such improvements.
H.
Insurance; filing requirement.
(1)
The
subdivider shall file with the Town Board a general liability insurance
policy at the same time that he files his performance guaranty. The
insurance policy shall be in force during 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 certificate of insurance with the Secretary of the Planning
Board.
(2)
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 $3,000,000 for bodily injury and/or property
damage per occurrence or such higher limits as the Planning Board
may require, upon recommendation of the designated Planning Board
Engineer or Town Attorney.
I.
As-built plans. At the completion of construction of any required improvements, and prior to issuance of a certificate of occupancy for any structure pursuant to Chapter 27,[3] the owner/applicant shall provide to the Planning Board
and the Building Inspector a certification prepared by a professional
engineer licensed by the State of New York that all site work has
been carried out and completed in compliance with the approved final
plat for the project. Additionally, the applicant shall provide to
the Planning Board and the Building Inspector an "as built" survey
prepared by a land surveyor licensed by the State of New York and
certified to the Town Board and to the Planning Board of the Town
of Kent that accurately shows the location of improvement(s) as depicted
on the approved subdivision plat, including any alterations to said
improvement(s) as a result of approved field changes that may have
occurred during construction.
A.
Acceptance of public improvements.
(1)
The approval of the Planning Board of a subdivision plat shall not
be deemed to constitute or to be evidence of any acceptance by the
Town. As a condition of final plat approval, the applicant shall submit
an irrevocable offer of cession for review by the Town Board and the
Town Attorney. The irrevocable offer of cession shall be in a form
suitable for recording and shall not be filed until approved by the
Town Board upon the recommendation of the Town Attorney.
(2)
Every street shown on a plat that is filed or recorded in the office
of the County Clerk as provided in these regulations shall be deemed
to be a private street until such time as it has been formally offered
for cession to be public and formally accepted as a public street
by resolution of the Town or, alternatively, until it has been condemned
by the Town for use as a public street. The filing of the plat with
the County Clerk shall constitute a continuing offer of dedication
of the streets, highways or parkland areas, water supply and sewage
disposal facilities, and said offer of dedication may be accepted
by the Town Board at any time. In the event that the applicant or
his agent shall elect not to file his plat prior to the expiration
of plat approval as provided herein, then such formal offers of cession
shall be deemed to be invalid, void and of no effect on and after
such expiration date.
B.
Conditions to be satisfied before the Town Board considers the acceptance
of any improvement:
(1)
A set of as-built plans of the improvements, showing right-of-way
lines, drainage and water and sewer easements where installed by the
developer, and a road center-line profile must be approved by the
Superintendent and the Planning Board Engineer. These plans shall
bear the seal and signature of a New York State licensed professional
engineer.
(2)
Metes-and-bounds description of all rights-of-way and easements prepared
by a New York State licensed land surveyor must be approved by the
Superintendent and the Planning Board Engineer.
(3)
The plans and descriptions must be reviewed by the Town Engineer
and Highway Superintendent who shall indicate his or her approval
either by letter to the Town Board or by the stamping of said plans
and descriptions.
(4)
The submitted deeds shall be reviewed and approved by the Town Attorney
as to form and sufficiency.
(5)
A title insurance policy covering all proposed public improvements.
