[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:
(a) 
Rough grading completed.
(b) 
Drainage and other underground facilities installed, but prior to backfilling.
(c) 
After gravel base is spread and compacted.
(d) 
When each paved course is being applied.
(e) 
After completion of all improvements.
(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.)