[Amended 11-15-2006 by L.L. No. 20-2006]
A.
After
adoption of a resolution approving a final subdivision plat and before
the plat is endorsed by the Planning Board Chairman or other duly
authorized member, the applicant shall be required to complete, at
his expense and without reimbursement by the Town or any special district,
all street and other improvements as shown on the approved construction
plans or otherwise specified in the resolution and to dedicate same
to the Town of North Castle free and clear of all liens and encumbrances
on the property and public improvements thus dedicated.
(1)
The
Planning Board, at its discretion, may waive the requirement that
the applicant complete and dedicate all public improvements prior
to the signing of the subdivision plat and permit the applicant to
post a bond or other security sufficient to cover the full cost of
the same at the time of application for final subdivision approval
in an amount estimated by the Planning Board as sufficient to secure
to the Town the satisfactory construction, installation and dedication
of the incomplete portion of required improvements. 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
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.
(2)
If
not delivered to the Town, such security shall be held in a Town account
at a bank or trust company.
(3)
Such
bond shall state the period within which the required improvements
must be completed, which period shall not exceed three years; however,
the term of such performance bond or security agreement may be extended
by the Planning Board with consent of the parties thereto.
(4)
All
improvements shall be completed to the satisfaction of the Town Engineer
and approved by the Planning Board, in accordance with the approved
construction plans and the requirements of these regulations and the
Town construction standards and specifications.
B.
Required
improvements.
[Added 11-18-2015 by L.L.
No. 9-2015]
(1)
The
applicant shall provide the following improvements when required by
the Planning Board:
(a)
Paved streets.
(b)
Corner curves and paved aprons.
(c)
Sidewalks.
(d)
Water mains and fire hydrants/dry hydrants.
(e)
Sanitary sewage disposal facilities.
(f)
Storm drainage system facilities.
(g)
Street signs.
(h)
Streetlighting.
(i)
Street trees.
(j)
Seeding or sodding of planting strips with lawn grass.
(k)
Parklands.
(2)
In
making a determination to require such improvements, the Planning
Board shall take into consideration the prospective character of the
development and surrounding environment.
C.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements are not completed
within the period specified in the Planning Board resolution of approval,
such approval shall be deemed to have expired unless, upon request
of the applicant, the period has been extended by resolution of the
Planning Board.
(2)
Where a bond is filed. If all required improvements are not completed
within the term specified by the Planning Board and set forth in the
filed bond and if no application for the extension of such period
and bond has been made by the applicant and approved by the Planning
Board, the Town Board may thereupon declare said bond to be in default
and collect the sum remaining payable thereunder, and upon receipt
of the proceeds thereof, the Town shall install such improvements
as are covered by the bond and are commensurate with the extent of
building development that has taken place in the subdivision but not
exceeding, in cost, the amount of such proceeds.
D.
Modification of bond.
(1)
Extension of period specified in bond. The time period specified
for the completion of all required improvements, as set forth in the
bond, may be extended only by resolution of the Planning Board upon
request by the applicant setting forth, in detail, the amount of work
which has been completed, reasons for failure to complete the remainder
of the work within the specified period, the maximum estimated time
required to complete the remainder of the work and the time period
extension which is requested.
(2)
Reduction of bond. An applicant may request, in writing, that the
Planning Board recommend to the Town Board the reduction in the amount
of the bond. Such request shall itemize the extent of required improvements
already completed, the estimated cost of improvements remaining to
be completed and the amount of bond reduction requested. Then, upon
approval of the Planning Board, the Town Board may, if it determines
that sufficient required improvements have been installed to warrant
such action, reduce the face amount of the bond by an appropriate
amount so that the new amount will cover the cost in full of all required
improvements remaining to be completed, and any security deposited
with the bond may be reduced proportionately. In no case shall a performance
bond be reduced below 25% of the principal amount.
[Amended 11-15-2006 by L.L. No. 20-2006]
E.
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 that unforeseen conditions make it necessary
to modify the location or design of any improvements, the Board may
modify the terms and conditions of the approval 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 modification affects the scope of work
covered by a bond, the Board may recommend to the Town Board that
it approve appropriate modification of such bond.
F.
Escrow deposits with Building Inspector. Whenever, by reason of the
season of the year, any required improvements cannot be undertaken
or completed, the Building Inspector may nevertheless issue a certificate
of occupancy, provided that there is no danger to health, safety or
general welfare, upon accepting a cash escrow deposit in an amount
to be determined by the Town Engineer and Highway General Foreman
for the cost of completing said improvements. At the time of request
to deposit escrow moneys with the Building Inspector and prior to
the issuance of the certificate of occupancy, the developer shall
obtain and file with the Building Inspector a notarized statement
from the purchaser or purchasers of the subject properties authorizing
the Building Inspector to install the improvements in the event that
the same have not been duly installed by the developer.
G.
Time for completion. All required improvements for which escrow moneys
have been accepted by the Building Inspector at the time of issuance
of a certificate of occupancy shall be installed by the developer
within a period of nine months from the date of deposit and issuance
of the certificate of occupancy. In the event that said improvements
have not been properly installed, at the end of said time period the
Building Inspector shall give two weeks' written notice to the developer
requiring him to install same, and in the event that same are not
installed properly in the discretion of the Building Inspector, the
Building Inspector may request the Town Board to authorize the Town
to proceed to contract out the work for the installation of the necessary
improvements in a sum not to exceed the amount of the escrow deposit.
The Town Engineer, Highway General Foreman or their designee
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.
If the Town Engineer determines that any of the required improvements
have not been constructed in accordance with the approved plan, the
applicant shall be responsible for properly completing said improvements.
Failure of the Town Engineer, Highway General Foreman or their designee
to carry out inspections of required improvements during construction
shall not in any way relieve the applicant of any responsibilities
related to the proper construction of such improvements.
A.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements during construction,
the applicant shall notify the Town Engineer or his designee at least
three working days before reaching each of the following stages of
construction:
(2)
The applicant shall not proceed to work on any stage subsequent to
the first stage until the work of the previous stage has been inspected
and approved by the Town Engineer or his designee. In the case of
any other improvements, the Town Engineer or his designee shall inspect
the work at such progressive stages as he shall specify, and he shall
certify to the Planning Board that the work was inspected by him and
was in accordance with the approved plans and specifications.
B.
Certificate of construction. At such time as the applicant has completed
construction of all required improvements, he shall furnish to the
Town Engineer three copies of as-built plans and profiles which show
the actual location of all paved streets, culverts, headwalls, drains,
manholes, catch basins, sidewalks, curbs, utility lines and equipment,
monuments, street signs, street trees and all other required improvements,
as constructed, and all other pertinent information, such as cross
sections of the streets at intervals determined by the Town Engineer,
the culvert and drain grades, sewer grades, sidewalk and curb grades
and invert elevations at manholes. Such plans and profiles shall bear
a dated certification by a professional engineer or licensed surveyor
to the effect that the data shown thereon was accurately determined
by field survey. If the location or accuracy of improvements does
not, in the opinion of the Town Engineer, fully comply with the approved
construction plans and specifications, the Planning Board shall have
the right to refuse to sign the final plat or release the bond, nor
shall the Town Board accept dedication of any required improvements
until such situation is corrected to the satisfaction of the Town
Engineer.
C.
The Building Inspector, in the review of any construction activity,
shall refer any active construction site to such engineering consultant,
or professionals(s) employed by the Town, as the Building Department
shall deem reasonably necessary to enable it to inspect such building
permit activity as required by law. Charges made by such consultants
shall be in accord with charges usually made for such services in
the metropolitan New York region or pursuant to an existing contractual
agreement between the Town and such consultant. Charges made by the
Town shall be in accord with the hourly rates upon which the employee's
actual salary is based and fringe benefits and reasonable overhead.
All such charges shall be paid on submission of a Town voucher. The
applicant shall reimburse the Town for the cost of such consultant
services upon submission of a copy of the voucher, in accordance with
the escrow account procedure set forth below.
[Amended 8-14-2013 by L.L. No. 7-2013; 6-10-2020 by L.L. No. 4-2020]
(1)
Escrow
accounts. At the time of submission of a building permit, the Building
Department may require the establishment of an escrow account from
which withdrawals shall be made to reimburse the Town for the cost
of consultant fees and professional staff services. The applicant
shall then provide funds to the Town for deposit into such account
in the amount to be determined by the Building Department based upon
its evaluation of the nature and complexity of the application. The
applicant shall be provided with copies of any Town voucher for consultant
fees as they are submitted to the Town and with Town staff time records
for services for which reimbursement is sought. When the balance in
such escrow account is reduced to 1/3 of its initial amount, the applicant
shall deposit additional funds into such account to restore the balance
in such account to the amount of the initial deposit. If such account
is not replenished within 30 days after the applicant is notified,
in writing, of the requirement for such additional deposit, the Building
Department may suspend its inspection of the project. A building permit,
certificate of occupancy or use or certificate of compliance shall
not be issued unless all such applicant's costs have been reimbursed
to the Town. After all pertinent costs have been paid, the Town shall
refund to the applicant any funds remaining on deposit.
A.
Offers of cession. All streets, highways or parks shown on a filed
or recorded plat are offered for dedication to the public unless the
owner of the affected land, or the owner's agent, makes a notation
on the plat to the contrary prior to final plat approval. Any street,
highway or park shown on a filed or recorded plat shall be deemed
to be private until such time as it has been formally accepted by
a resolution of the local legislative body or until it has been condemned
by the Town for use as a public street, highway or park. In accordance
with § 279 of the Town Law, the applicant may add as part
of the plat a notation, if he so desires, to the effect that no offer
of dedication of such streets or parks, or any of them, is made to
the public. All offers of cession to the public of all streets and
parks not so marked shall be filed with the Planning Board at the
time of submission of the final application.
[Amended 11-15-2006 by L.L. No. 20-2006]
B.
Petition for dedication. Upon completion of the subdivision and the
road(s), a petition in the form required by the Town Board shall be
filed with such Board for the acceptance of offered streets and parks
or any other reservations or easements.
C.
Acceptance by Town. Acceptance of any offer of cession of streets
or 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 period prescribed for such filing, then such formal cession
shall be deemed void. The approval by the Planning Board of a subdivision
plat shall not be deemed to constitute nor imply the acceptance by
the Town of any streets, parks or other areas shown on said plat,
and the Planning Board may require the addition of appropriate notes
to this effect on the plat.
D.
Maintenance for dedicated improvements. At the time of dedication
of any required improvements and in order to guarantee maintenance
of such improvements, the Town Board shall require the applicant to
deliver a sum of money equal to 15% of total construction costs of
all required improvements, which shall be held in an escrow account
for a period not exceeding three years. One month prior to the end
of such period, the Town Engineer shall inspect all such required
improvements and, prior to the release of such maintenance account,
make a report to the Town Board regarding the condition of the dedicated
improvements.
[Amended 11-15-2006 by L.L. No. 20-2006]
E.
Maintenance of improvements not to be dedicated. In the event that
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 final application, copies of agreements or other documents providing
for the suitable maintenance of such facilities and a statement of
all rights which exist with respect to each of them. The adequacy
of such documents shall be subject to the approval of the Town Attorney.
[Amended 11-15-2006 by L.L. No. 20-2006]
The Planning Board may waive, when reasonable, any requirements
or improvements for the approval, approval with modifications or disapproval
of subdivisions submitted for its approval. Any such waiver, which
shall be subject to appropriate conditions, may be exercised in the
event any such requirements or improvements are found not to be requisite
in the interest of the public health, safety, and general welfare
or are found to be inappropriate because of inadequacy or lack of
connecting facilities adjacent or in proximity to the subdivision.
A certificate of occupancy shall not be issued for a structure
within a subdivision where the improvements are guaranteed by a performance
bond unless it is determined by the Planning Board that both of the
following conditions have been complied with:
A.
Status of street improvements. The improvement of the street or streets
giving access to a structure has progressed to a stage deemed adequate
by the Planning Board to render safe all-weather vehicular access
for both routine and emergency purposes.
B.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the Town Board. (Note: If the street is not to be offered for dedication to the Town, such an agreement will have been required in accordance with § 275-19 of these regulations.)
