After adoption of a resolution approving a final subdivision plat and before the plat is endorsed by the Planning Board, the applicant shall be required to complete, at his expense and without reimbursement by the Town or any special district, all road, sanitary, storm drainage, and other improvements, including lot improvements as shown on the approved construction plans or as otherwise specified in the resolution. The Planning Board may, in a special or peculiar circumstance of a particular case, modify or waive a requirement only by specific resolution.
Before the Planning Board grants final approval of the subdivision plat, the applicant shall follow the procedure set forth in either Subsection A or B below:
A. 
In an amount set by the Planning Board from an estimate proposed by the Town Highway Superintendent or other duly designated officer, the applicant shall either file with the Town Clerk a certified check to cover the full cost of the required improvements or the applicant shall file with the Town Clerk a performance bond issued by a bonding or surety company approved by the Town Board to cover the full cost of the required improvements. Any such bond 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, manner of execution and surety. A period of one year, or other such period as the Planning Board may determine appropriate, not to exceed three years, shall be set forth in the bond within which required improvements must be completed; or
B. 
The applicant shall complete all required improvements to the satisfaction of the Road Review Committee, or other representative designated by the Town Board to fulfill such duties, who shall file with the Planning Board a letter signifying the satisfactory completion of improvements required by the Board. For any required improvements not so completed and not approved, the applicant shall file with the Town Clerk a bond or certified check covering the costs of satisfactorily installing any improvements not approved by the Road Review Committee. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety.
C. 
Extension of 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, in writing, 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.
If, at any time before or during the construction of the required improvements, it is demonstrated to the satisfaction of the Road Review Committee that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Road Review Committee shall, upon approval by the Planning Board, authorize modifications, provided these modifications are not tantamount to the waiver or substantial alteration of the function of any improvements required by the Planning Board. If such modification affects the scope of work covered by a bond, the Planning Board may require or allow appropriate modification of such bond.
The applicant shall build or pay for all costs of temporary improvements required by the Planning Board. Prior to the construction of any temporary facility or improvement, the applicant shall file with the Town Clerk a separate suitable bond for temporary facilities, which bond shall ensure that the temporary facilities will be properly constructed, maintained and removed.
A. 
Routine inspection. At least 10 days prior to commencing construction of required improvements, the applicant shall pay to the Town Clerk the inspection fee required by the Planning Board, as noted in Subsection C below, and shall notify the Road Review Committee, in writing, of the time when he proposes to commence construction of such improvements. The Committee will then make periodic inspections to assure that all Town specifications and requirements shall be met during the construction or required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Final inspection. A final inspection of all improvements will be made to determine whether the work is satisfactory and in agreement with the approved final plat and construction drawings. Upon a satisfactory final inspection report, action will be taken to release the performance bond covering such improvements and utilities (if a bond was filed). The Road Review Committee shall also notify the Planning Board that all work has been completed to its satisfaction.
C. 
Inspection fee. An inspection fee, as may be promulgated from time to time, and on file with the Town Clerk, shall be paid to the Town prior to the time that the Planning Board signs the final plat. No building permits nor certificates of occupancy shall be issued until all inspection fees (if required) are paid.
A. 
If the Road Review Committee finds, upon inspection, that either the required improvements have not been completed in accordance with the plans and specifications filed by the applicant or that the required improvements have not been completed before the period specified in the Planning Board resolution of approval or the expiration date of the performance bond (if one exists), the Committee shall report to the Town Board and Planning Board.
B. 
If a bond has been filed, and if no application for the extension of such period has been made by the applicant, the Town Board shall then notify the applicant and, if necessary, the bonding company and take all necessary steps to preserve the Town's rights under the bond. No further plat shall be approved by the Planning Board as long as the applicant is in default on a previous bond.
A. 
Acceptance. Whenever, or by reason of the season of the year, any lot improvements required by these regulations cannot be performed, the Road Review Committee may, nevertheless, permit the issuance of a certificate of occupancy, provided there is no danger to health, safety or general welfare, upon accepting a cash escrow deposit in an amount to be determined by the Road Review Committee for the cost of said improvements, if a performance bond covering such lot improvements is not already in existence. Any performance bond covering such lot improvements shall remain in full force and effect.
B. 
Procedures. All required improvements for which escrow monies have been accepted by the Town of Walton 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 the improvements have not been properly installed at the end of the time period, the Road Review Committee shall give two weeks' written notice to the applicant, requiring him to install same; and, in the event the same are not installed properly in the discretion of the Road Review Committee, the Road Review Committee may request the Walton Town Board to authorize the Town of Walton to proceed to contract out the work for the sum, not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the Town of Walton, the applicant shall obtain and file with the Town of Walton, prior to obtaining the certificate of occupancy, a notarized statement from the purchaser or purchasers of the premises authorizing the Town of Walton to install the improvements at the end of the nine-month period, in the event the same have not been duly installed by the applicant.
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 the following conditions have been complied with:
A. 
Status of road improvements. The improvement of the road or roads giving access to the 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 roads 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 road by the Town Board. If the road is not to be offered for dedication to the Town, maintenance agreements shall have been required in accordance with § 180-24B, Maintenance, of these regulations.