Any subdivider who proposes to develop a subdivision in the
Town of Elma shall comply with the provisions of this article regarding
the posting of bonds and the construction of utilities and other improvements.
In making determinations regarding the necessity and extent
of the installation of public improvements, the Planning Board shall
take into consideration the prospective character, density and uses
in the proposed subdivision, whether residential, commercial or industrial.
A. Required improvements. The Planning Board may require the installation
of public improvements, including but not limited to the following
public improvements, in accordance with Town Law:
(1) Parks, playgrounds or other public open spaces of adequate size and
location for recreational purposes.
(2) Paved streets and highways.
(8) Water mains and fire hydrants.
(9) Sanitary sewage disposal.
(11)
Seeding or sodding of planting strips with lawn areas.
(12)
Monuments suitably placed and installed.
B. Standards for installation. All improvements as required by the Planning
Board shall be installed in accordance with standards, specifications
and procedures acceptable to the appropriate Town departments, as
well as those provided in these regulations.
C. Modifications of design of improvements. If, any time before or during
construction of the required improvements, 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 a previously
delegated member 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 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 under this provision
in writing and shall transmit a copy of such authorization to the
Planning Board at its next regular meeting.
D. Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the Town Clerk the inspection fee required by the Town Board and shall
notify the Town Board, in writing, of the time when he 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 made during the construction of required
improvements and to assure the satisfactory completion of improvements
and utilities as required by the Planning Board.
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 bond, 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 shall take all necessary steps to preserve the Town's
rights under the bond. No plat shall be approved by the Planning Board
as long as the subdivider is in default on a previously approved plat.
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 public 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 follow the procedure set forth in either Subsection
A(1) or
(2) herein:
(1) 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 bond to cover the full cost of the required
improvements. Any such bond shall comply with the requirements of
§ 277 of the Town Law and, further, shall be satisfactory
to the Town Board and the 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, not exceeding three
years, shall be set forth in the bond within which the required improvements
must be completed. If the Planning Board shall decide, at any time
during the term of the performance bond, that the extent of the building
development that has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such performance bond,
or that the required improvements have been installed as provided
in this article and by the Planning Board in a 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, the Planning Board may modify its requirements for any
or all such improvements, and the face value of such performance bond
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 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 bond
or certified check covering the costs of such improvements and the
cost of satisfactorily installing any improvement 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.
B. As-built 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 satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. 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 plat by the authorized Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection
A(1) above, such bond or certified check shall not be released until such map is submitted.
C. Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the Town Clerk the inspection fee required by the Town Board and shall
notify the Town Board, in writing, of the time when he proposes to
commence construction of such improvements so that the Town Board
may cause such inspection to be made during the construction of required
improvements and to assure the satisfactory completion of improvements
and utilities as required by the Planning Board.
D. Proper installation of improvements. If the designated Town Engineer
shall find, upon inspection of the improvements performed before the
expiration date of the performance bond, 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 bond. No plat shall be approved by the Planning Board as
long as the subdivider is in default on a previously approved plat.
The subdivider shall file with the Town Board a maintenance
bond in an amount based on a maximum of 10% of the performance bond
estimate and which shall be adequate to assure the satisfactory condition
of the initial public improvements for a period of one year following
completion and acceptance, where applicable, by the Town Board. Such
bond shall be satisfactory to the Town Attorney as to form, manner
or execution and surety and in an amount satisfactory to the designated
Town Engineer.