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 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.