Prior to an action by the Planning Board approving a subdivision
plan, the subdivider shall be required to complete, in accordance
with the Planning Board's decision and to the satisfaction of the
appropriate Town departments, all the streets and other improvements
specified in the action approving said plan, or, as an alternative,
to file with the Town Board a 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 improvements. All required improvements shall
be made by the subdivider at his expense without reimbursement by
the Town or any district therein.
A.
Furnishing of performance bond or other security. As an alternative
to the installation of infrastructure and improvements as above provided,
prior to Planning Board approval, a performance bond or other security
sufficient to cover the full cost of the same, as estimated by the
Planning Board or a Town department designated by the Planning Board
to make such estimate, where such departmental estimate is deemed
acceptable by the Planning Board, shall be furnished to the Town by
the subdivider.
B.
Security where plan approved in sections. In the event that the subdivider
shall be authorized to file the approved plan in sections, as provided
in § 276, Subdivision 10, of the New York Town Law, approval
of the plan 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.
The 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 Registrar 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. 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: (i) a performance bond
issued by a bonding or surety company; (ii) 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; (iii) an irrevocable
letter of credit from a bank located and authorized to do business
in this state; (iv) obligations of the United States of America; or
(v) 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. 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 all the improvements covered by such security, or that
the required improvements 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
have not been installed as provided in this section within the term
of such security agreement, the Town Board may thereupon declare the
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 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 bond for said temporary facilities, which
bond shall insure that the temporary facilities will be properly constructed,
maintained, and removed.
G.
Costs of improvements. The costs of all required improvements shall
be borne by the subdivider without reimbursement by the Town of Pine
Plains or any improvement district therein.
H.
Acceptance of dedication offers. Acceptance of formal offers of dedication of streets, public areas, easements, and parks 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. Refer to § 230-19 of these regulations.
I.
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 roads and improvements required by the Planning Board, and shall determine an amount sufficient to defray costs of inspections as set forth in Article XVI of the Town of Pine Plains Zoning Law. The subdivider shall pay the Town costs of inspection before the subdivision plan 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 subdivider and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.
J.
Inspection of improvements. The subdivider 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 improvements. The costs of inspection will be set in accordance with Article XVI of the Zoning Law, if the inspection is made by the engineer or other professional. If made by 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.
K.
Proper installation of improvements. If any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the subdivider, the subdivider 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 is in default
on a previously approved plan for the same lands.
A.
The subdivider 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 same
to the 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 shall file with the Town
a maintenance bond in an 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 shall be satisfactory to the Town
Attorney as to form, manner of execution and surety.
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.
Permanent monuments shall be set as required by the Planning
Board. In the case that a subdivision does not require a performance
bond, the monuments shall be set before the plan is signed by the
Planning Board Chairperson.
A building permit and certificate of occupancy shall be issued in conformity with the Town Highway Specifications and Article XIV of the Town Zoning Law.
A.
Application fees. All applications reviewed and regulated by this
chapter shall be accompanied by a fee in accordance with the Town
of Pine Plains Fee Schedule as may be amended from time to time.
B.
Professional fees. In accordance with the fees, escrows and reimbursable costs provision in Article XVI of the Town Zoning Law, the subdivider shall be responsible for all reasonable engineering, planning, legal, and other project review costs incurred by the Town in connection with the review of applications subject to these Subdivision Regulations.
