Upon completion of the requirements in Articles V and VI and notation to that effect upon the subdivision plat, the approval of public improvement and utility plan profiles and the submission of any and all required offers of dedication and performance assurance, as well as deposit of required inspection fees, the plat shall be deemed to have final approval and shall be properly signed by the appropriate office of the Planning Board Chairman or Acting Chairman. The final plat may then be filed by the applicant in the office of the Orange County Clerk. Planning Board approval of a final plat shall not be deemed an acceptance by the Town of any street or other land shown as offered for cession to public use.
A.Â
The final approval of a final plat or the certificate of the Town
Clerk as to the failure of the Planning Board to act within the time
required by law shall expire within 62 days after the date of the
Planning Board resolution authorizing the Chairman to sign the drawings,
or from the date the certificate is issued, unless filing of the plat
or a section thereof is accomplished by that time in the office of
the Orange County Clerk.[1]
B.Â
Upon application by the subdivider, the Planning Board may extend
the time for filing and recording such plat, if in its opinion such
extension is warranted by the particular circumstances thereof, for
not to exceed two additional periods of 90 days each; provided, however,
that the plat shall be revised according to any change in regulations
or ordinance applicable to the plat subsequent to the first resolution.
C.Â
Expiration of an approval shall mean that any further action will
require a new filing fee as well as a review of the subdivision application.
In the event the Planning Board grants preliminary plat approval,
it may permit the plat to be divided into two or more sections or
phases, subject to any conditions the Board deems necessary in order
to ensure the orderly development of the plat. In accordance with
§ 276 of the Town Law, the applicant may file a section
or phase of the finally approved plat with the County Clerk. In these
circumstances, preliminary plat approval of the remaining sections
or phases of the plat shall remain in effect for three years from
the filing date of the first section or phase.
No changes, erasures, modifications or revisions shall be made
in any subdivision plat after approval has been given by the Planning
Board and endorsed in writing on the plat unless said plat is first
resubmitted to the Planning Board and such Board approves any modifications.
In the event that any such subdivision plat is recorded without complying
with this requirement, the same shall be considered null and void,
and the Planning Board shall institute proceedings to have the plat
stricken from the records of the County Clerk.
All public improvements required by the Town of Mount Hope shall
be shown on the approved subdivision map. The design of said improvements
shall be in accordance with all applicable statutes, rules and regulations.
Prior to any final approval being issued by the Board, the applicant
shall comply with the following requirements:
A.Â
The applicant shall deliver a certification of title showing that
the applicant is the record owner of the premises.
B.Â
The applicant shall deliver written offers of irrevocable dedication
to the Town for all proposed public improvements including offers
of dedication, in such form as is acceptable to the Planning Board
Attorney and/or Town Attorney as the case may be.
C.Â
The applicant shall deliver an ALTA policy of title insurance issued
by a title insurance company licensed to do business in the State
of New York and in such form as is acceptable to the Planning Board
attorney in a minimum amount of $5,000, the premium of which shall
be paid for by the applicant and at no cost to the Town. The applicant
shall also deliver a properly executed and acknowledged Bargain and
Sale Deed with Covenants against Grantor's Acts in favor of the
Town and containing a metes and bounds description, acceptable to
the Town Engineer. The applicant shall also deliver a duly executed
Real Property Transfer Report (Form RP-5217) and Real Estate Transfer
Tax Return (Form TP-584). All costs and expenses involved in recording
and/or filing the deed and related documents and maps, if any, shall
be paid for by the applicant.
D.Â
In addition to the foregoing, there shall be a report by the Town
Engineer stating that the subdivider has complied with one or both
of the following alternatives:
(1)Â
All or part of the improvements have been installed in accordance
with the requirements of this chapter and with the action of the Planning
Board granting conditional approval of the plat; or
(2)Â
A report or recommendation by the Town Attorney stating that security
for the performance of such improvements, by cash, bank check or certified
check, has been deposited with the Town in an amount sufficient to
assure completion of all required improvements as recommended by the
Planning Board Engineer.
A.Â
A performance assurance in the form of cash shall be delivered to
the Town to guarantee to the Town that the subdivider will faithfully
cause to be constructed and completed within a reasonable time the
public improvements required by the approved plan.
B.Â
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection B(1) or (2) and B(3):
(1)Â
In an amount set by the Town Board from an estimate and recommendation
made by the Planning Board Engineer, the subdivider shall file with
the Town Clerk a certified check or cash in an amount to cover the
full cost of the required public improvements. Any such performance
assurance shall comply with the requirements of § 277 of
the Town Law and, further, shall be satisfactory to the Town Board
and Town Attorney as to form, sufficiency and manner of execution.
A period of one year, or such other period as the Town Board may determine
appropriate, not to exceed three years, shall be set for the satisfactory
installation and/or completion of all required public improvements;
provided, however, that the term of such performance assurance may
be extended by the Town Board with the consent of the parties thereto.
(2)Â
The subdivider shall complete all required improvements to the satisfaction
of the Planning Board Engineer, who shall file with the Planning Board
a letter signifying the satisfactory completion of all improvements
required by the Board. For any required improvements not so completed,
the subdivider shall post with the Town Clerk cash or certified check
covering the costs of such improvements and the cost of satisfactorily
installing and/or completing any improvement not approved by the Town
Engineer.
(3)Â
The subdivider shall also post as security an amount sufficient to
pay the Planning Board Engineer for any fees incurred in connection
with the inspection of such improvements, and the payment of all outstanding
fees to said Engineer shall be a condition for the release of any
other security posted by the subdivider.
C.Â
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Planning Board Engineer, said Engineer's fees have been paid in full and a record drawing satisfactory to the Planning Board has been submitted indicating the location of monuments and accurately locating all public improvements as actually installed. The record drawing shall be certified to the Town of Mount Hope as true and accurate by a New York State licensed professional land surveyor. If the subdivider completes all required improvements according to Subsection B(2) above, then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide cash or certified check for all required improvements as specified in Subsection B(1) above, such performance assurance shall not be released until such a record drawing is submitted. The Town Board may release or reduce the amount of the security posted, upon the certification and recommendation of the Planning Board Engineer and Planning Board Attorney that all or part of the requirements of the bond have been satisfied.
D.Â
The subdivider shall complete all required improvements or post the
required performance bond to the satisfaction of the Town Board before
any building permits will be issued. No certificate of occupancy may
be issued until the Building Inspector finds that sufficient public
improvements have been installed to the satisfaction of the Town to
the extent necessary for the public health, welfare and safety of
the occupants of the buildings.
E.Â
If the Town Board shall decide at any time during the term of the
performance bond that the extent of building development that has
taken place in the subdivisions is not sufficient to warrant all the
improvements covered by such performance bond or that required improvements
have been installed as provided in this section and by the Town Board
in 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 Town 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 Town Board, and any security deposited with the bond may be
reduced or increased proportionately.
A.Â
Procedure. The subdivider shall file with the Town Attorney a general
liability insurance policy at the same time as he files his performance
bond. The Town Board shall approve the policy as to form. The policy
shall be in force during the term of the performance bond and shall
be extended in conformance with any extension of the performance bond.
B.Â
Coverage. The policy shall insure the Town, its successors and/or
assigns, 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, including all public improvements.
Said policy shall have the limits of liability of $1,000,000 for bodily
injury to each person and $3,000,000 liability in the aggregate for
each accident and property damage liability of $100,000 for each accident
and $300,000 aggregate property damage liability or such higher limits
as the Planning Board may require.
As a condition of acceptance of the public improvements, the
subdivider shall file with the Town Board a cash maintenance bond
in a 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
their completion and acceptance by the Town Board. The period shall
be for two years in the case of street trees. Such bond shall be satisfactory
to the Town Attorney as to form, manner of execution and surety.
