[Amended 4-14-2011 by L.L. No. 2-2011]
Prior to an action by the Planning Board approving a subdivision plat, the subdivider or owner shall be required to install all required infrastructure and improvements as specified in the action approving said plat. Alternatively, the subdivider, at the discretion of the Planning Board, may file with the Town Board a performance bond or other security in an amount determined by the Planning Board and approved by the Town Board to secure the satisfactory construction and installation of the uncompleted portion of the required infrastructure and improvements. Installation of all required infrastructure and improvements shall be made by the subdivider or owner at his or her expense without reimbursement by the Town or any district therein.
[Amended 4-14-2011 by L.L. No. 2-2011]
A. 
Furnishing of performance bond or other security. A performance bond or surety shall be sufficient to cover the full cost of the installation of the required infrastructure and improvements as estimated by the Planning Board or a Town department or consultant designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, and shall be furnished to the Town by the subdivider or owner.
B. 
Security where plan approved in sections. In the event the subdivider shall be authorized to file the approved plat in sections, as provided in § 276 of New York Town Law, approval of the plat may be granted upon the installation of the required improvements in the section of the plan filed in the office of the County Clerk or the furnishing of security covering the costs of such improvements as determined by the Planning Board. The subdivider or owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk or register and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
C. 
Form of security.
(1) 
Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney or Attorney to the Town as to form, sufficiency and manner of execution, and shall be limited to:
(a) 
A performance bond issued by a bonding or surety company;
(b) 
The deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state;
(c) 
An irrevocable letter of credit from a bank located and authorized to do business in this state;
(d) 
Obligations of the United States of America; or
(e) 
Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements and infrastructure.
(2) 
If not delivered to the Town, such security shall be held in a Town account at a bank or trust company
D. 
Term of security agreement. Any such performance bond or security agreement 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 performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant the installation of all the improvements and infrastructure covered by such security, or that the required improvements and infrastructure have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of said security, and 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 thereupon 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.
E. 
Default of security agreement. In the event that any required improvements or infrastructure have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
F. 
Temporary improvement. The subdivider or owner shall build and pay for all costs of temporary improvements required by the Planning Board and shall maintain same for the period specified by the Planning Board. Prior to construction of any temporary facility, the developer shall provide a separate suitable surety for said temporary facilities, which bond or surety shall insure that the temporary facilities will be properly constructed, maintained and removed.
G. 
Acceptance of dedication offers. Acceptance of formal offers of dedication of streets, public areas, easements, and parks or other infrastructure or improvements may be made at the discretion of the Town Board. The approval by the Planning Board of a subdivision plan shall not be deemed to constitute or imply the acceptance by the Town of any roads, public areas, easements, or parks shown on said plan. The Planning Board shall require said plan to be endorsed with appropriate notes to this effect.
H. 
Inspections. The Town may employ inspectors and/or may retain the Town Engineer or other professionals to act as agents of the Town Board or the Planning Board for the purposes of assuring the satisfactory completion of infrastructure and improvements required by the Planning Board, and shall determine an amount sufficient to defray costs of inspections as set forth in Chapter 92, Article I, of the Town Code. The subdivider or owner shall pay the Town costs of inspection before the subdivision plat is signed for filing. If the Planning Board or its agent find, upon inspection, that any of the requirement improvements have not been constructed in accordance with the approved drawings, the subdivider or owner and the bonding company or other surety shall be severally and jointly liable for the costs of completing said improvements according to specifications.
I. 
Inspection of improvements. The subdivider or owner shall notify the Town Building Department, in writing, of the time when construction shall commence so that the Town may arrange such inspections as are necessary to assure that all Town specifications and requirements are met during the construction of required infrastructure and improvements. The costs of inspection will be set in accordance with Chapter 92, Article I, of the Town Code, if the inspection is made by the engineer or other professional. If made by the Code Enforcement Officer, the fee shall be established either by the fee schedule or at the time the inspection schedule is established and requirements are fixed by the Planning Board.
J. 
Proper installation of improvements. If any of the required improvements or infrastructure have not been constructed in accordance with plans and specifications filed by the subdivider or owner, the subdivider or owner shall be directed to correct the work to conform with the plans and specifications. The Planning Board shall not approve any plan as long as the subdivider or owner is in default on a previously approved plan for the same lands.
[Added 4-14-2011 by L.L. No. 2-2011]
A. 
The subdivider or owner shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks if required, until acceptance of said improvements by the Town Board. If a certificate of occupancy has been issued for a lot on a road not dedicated to the Town, the Town may on 12 hours' notice plow the street or effect emergency repairs and charge the same to subdivider. Any sum remaining unpaid after 30 days shall be added to the tax levy for the affected properties still owned by the subdivider.
B. 
Maintenance bond required. The subdivider or owner shall file with the Town a maintenance bond or other maintenance surety in the amount determined by the Town Engineer to be adequate to assure the satisfactory condition of the initial public improvements for a period of one year following their completion and acceptance by the Town. Such bond or surety shall be satisfactory to the Town Attorney as to form, manner of execution and surety.
[Added 4-14-2011 by L.L. No. 2-2011]
The Planning Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Planning Board, stating that such public company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved subdivision plan.
A. 
Monuments. Monuments shall be placed at all block corners, angle points, points of curvature in streets and points of tangency or horizontal curves, and at intermediate points as required by the Town Engineer. However, in no case shall there be less than four permanent monuments per block. At least one monument in each subdivision shall be related to the United States Geological Survey system and shall bear the true elevation above sea level. In addition, markers shall be placed at all points when street lines intersect the plat boundary and at all lot corners. The monuments and markers shall be of such material, size and length as may be approved by the Town Engineer.
B. 
Water and sewerage facilities. Facilities for water and sewerage shall be provided in each new subdivision in accordance with the requirements of the appropriate agency having jurisdiction over the planning and installation of these in the area of the subdivision; however, the following minimum requirements of the Town shall be met:
(1) 
Central water supply systems shall be designed with adequate pressures, mains and fire hydrants to meet Association of Fire Underwriters' specifications for a Class C protected area.
(2) 
All water mains shall be at least six inches in diameter.
(3) 
Sanitary sewers shall not be used for stormwater drainage.
(4) 
Central sewerage system shall provide a four-inch minimum size connection to each lot.
C. 
Storm drainage facilities.
(1) 
Capacity. Storm drainage facilities shall provide a clear and protected channel fully adequate to handle runoff from a five-year storm. The developer should keep in mind that more severe storms occur at less frequent intervals and, where feasible, should so design subdivisions that an especially heavy runoff, exceeding the required capacity of the channels, can be handled with the least possible damage to improvements and structures.
(2) 
General design.
(a) 
Preferred runoff pattern. Preferred design of streets and grading in relation to storm drainage shall be such that runoff from roofs, driveways and other impervious surfaces will be collected in the ditches and/or gutters along the street in short runs (300 feet or 400 feet), and will then be diverted from the surface into storm sewers or natural watercourses unless storm sewers are to be installed.
(b) 
Downstream disposal. Subdivision and development of an area increases and concentrates the runoff of stormwater from the area. Applicants are warned that such increase may cause flood or erosion damage to undeveloped properties lying downstream. Storm drainage channels opening on unimproved land shall empty into natural watercourses unless suitable agreement is reached with the owner of the downstream property for another method of handling. In any instance, the disposal of storm drainage downstream shall be satisfactory to the Planning Board as advised by the Town Engineer.
(3) 
Open watercourses. The use of open watercourses for drainage may involve problems relating to safety, erosion control, stagnant water, protection of capacity and appearance, all of which shall be given adequate attention by the developer as follows:
(a) 
Safety. Broad, shallow courses shall be created wherever necessary to increase capacity or eliminate steep banks, except in those areas where natural conditions are such that erosion of banks will not occur. Ditches shall, wherever feasible, be in the shape of a wide-top V with rounded or squared invert.
(b) 
Erosion control. Adequate measures shall be taken to prevent erosion. The Planning Board shall require seeding, sodding, planting, riprap or such other measures as may be necessary to prevent scouring.
(c) 
Drainage. The developer shall avoid the creation or continuation of swampy areas or stagnant pools. The Planning Board shall require fill and/or channel improvements in order to forestall such problems.
(d) 
Protection of capacity. The developer shall provide adequate measures for the protection of open drainage channels by establishing drainage easements sufficiently wide (generally 20 feet) to enable the working of the channel by motorized equipment or, alternately, where authorized by the Planning Board, a center block park of a minimum width of 50 feet. All easements shall prohibit the erection of structures, the dumping of fill or the alteration or obstruction of the watercourses without the written permission of the Town Board. Property lines shall be so drawn as to allow drainage easements along side and rear lot lines, except that drainage easements may be allowed to cross lots larger than one acre.
(e) 
Appearance. As natural watercourses can be an attractive asset to the subdivision, as well as to the community, the developer shall, where possible, improve and beautify the watercourses to this end.
(4) 
Design of storm sewers.
(a) 
Size and grade. Storm sewers shall have a minimum diameter of 12 inches and a minimum grade of 0.5%.
(b) 
Manholes. Manholes shall not be more than 300 feet apart where pipe sizes of 24 inches or less are used, and not more than 540 feet apart where larger sizes are installed.
(c) 
Change in direction. Special sections with radii of 10 feet to 15 feet shall be installed where abrupt changes are made in alignment.
(5) 
Design of ditches and gutters.
(a) 
Length of flow. Subdivisions shall be so designed that the length of flow of water in a gutter or roadside ditch does not exceed 300 feet, except as permitted by the Planning Board. Runs exceeding the maximum shall be put in storm sewers or diverted to natural drainageways.
(b) 
Minimum grade. All enclosed drainage courses shall be designed with sufficient grade to create a water flow velocity of three feet per second. A lesser grade may be permitted by the Planning Board where such a grade cannot be achieved.
(c) 
Street crossing. Water in gutters and ditches shall not be allowed to flow over intersecting streets but shall be placed in adequate culverts.
(d) 
Depth and shape of ditches. Where roadside ditches are permitted for runs of more than 300 feet, or where subgrade drainage is necessary, the bottom of such ditch should be below the subgrade and, at a minimum, should be approximately 18 inches below the crown of the road. Ditches shall be V-shaped or parabolic with sides sloping at approximately one-inch vertical to three inches horizontal, except where another cross-section plan is authorized.
(6) 
Erosion control. Suitable headwalls, endwalls, ditch seeding or sodding and other procedures or devices to prevent erosion shall be used.
D. 
Street and other improvements.
(1) 
Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting standards, curbs, gutters, trees, water mains, sanitary sewers, storm drains and fire hydrants, except where the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.
(2) 
Underground utilities required by the Planning Board shall be placed between the paved roadway and street line to simplify location and repair of the lines, and the subdivider shall install underground service connections to the property line of each lot before the street is paved.
(3) 
Grading and improvements shall conform to the Town minimum road specifications and shall be approved as to design and specifications by the Town Superintendent.
The Town may employ an inspector to act as agent of the Planning Board for the purposes of assuring the satisfactory completion of improvements required by the Planning Board, and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay the Town costs of inspection before the subdivision plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved drawings, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
The Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved plat.