A. 
Improvements. The Planning Board shall not, except as provided for in Subsection B below, grant final plat approval until all the streets or highways, shown on the final plat, shall have been fully improved to the satisfaction of the Planning Board, all in accordance with the Street Construction Specifications of the Town of Carmel.[1] Furthermore, no permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the Official Map or unless such street or highway is an existing state, county or Town highway or is a street shown upon a final plat which has been granted final plat approval by the Planning Board in accordance with these regulations.
[1]
Editor's Note: See Ch. 128, Streets and Sidewalks, Art. III.
B. 
Exceptions. At its discretion, the Planning Board may grant final plat approval subject to the receipt and approval by the Town Board of a performance bond covering the full cost of the improvements and further subject to the full understanding of the subdivider and stipulation of same by him on the final plat that no building permit may be granted for any structure until the roads have been substantially completed to the satisfaction of the Planning Board in accordance with Subsections C and D.
C. 
Substantial completion. "Substantially completed" shall mean the completion of all road improvements required by the Street Construction Specifications, including drainage, grading, seeding and erosion control measures, up to but not including the finish course of asphalt, for that portion of the subdivision for which building permits are desired. The minimum length of road to be substantially improved shall be 1,000 feet.
D. 
Extent of improvements.
(1) 
Where no bond has been posted, the subdivider shall fully complete all the improvements to the satisfaction of the Planning Board, and all streets or highways shall be accepted by the Town Board as public roads before the final plat shall be approved by the Planning Board for filing; or
(2) 
Where a performance bond has been posted, the subdivider shall substantially complete all the improvements to the satisfaction of the Planning Board on a section of street or highway not less than 1,000 feet in length before any building permit may be granted for a structure fronting on said substantially improved street or highway.
E. 
Performance bond.
(1) 
A performance bond shall comply with the requirements of § 277 of the Town Law and shall be approved by the Town Attorney as to form, surety and manner of execution. The period within which required improvements must be completed will be specified by the Planning Board in its resolution and expressed in the bond. Such bond shall also provide for the retention by the Town of 10% of the originally fixed amount for a period of one year after the satisfactory completion of all improvements in order to ensure the soundness and integrity of such improvements.
(2) 
If the improvements are not completed within the term of such performance bond and if no application for the extension of the time to complete the improvements has been made by the subdivider and approved by the Planning Board, the Town Board may thereupon declare said bond in default.
F. 
Extension of period specified in bond.
(1) 
The time period specified for the completion of all required improvements shall not be extended except upon the approval of the Planning Board with the consent of the parties thereto. Requests for an extension shall be addressed, in writing, to the Planning Board and shall set forth the following:
(a) 
Detailed reasons for failure or inability to complete the work within the time specified in the bond.
(b) 
The amount of work which has been completed, as certified by the applicant's engineer.
(c) 
The maximum estimated time required to complete the remainder of the work.
(d) 
The period for which extension of the bond is requested. Each such request shall be accompanied by a written statement from the surety company named on the performance bond consenting to the granting of the requested extension.
(2) 
Prior to granting extension of the specified time period, the Planning Board shall consider escalations in construction costs and may require the amount of the bond to be increased to reflect increased construction costs.
G. 
Reduction of bond. After due notice and public hearing and upon recommendation of the Planning Board, the Town Board pursuant to § 272 of the Town Law may reduce the required amount of a performance bond during its term where the Board finds that the required improvements have been installed in a sufficient amount to warrant such reduction. Requests for reduction in the bond amount shall be addressed, in writing, to the Planning Board and shall itemize the amount of required improvements already completed and the amount of reduction requested. Such requests shall be accompanied by a plan certified by a professional engineer or land surveyor licensed in the State of New York. Such plan shall show the as-built location of all drainage structures and utilities installed to date, including inverts at all manholes, and catch basins and utility line crossings and the width and location of the improved road bed with respect to the road boundary and a profile of its constructed center line.
H. 
Acceptance of roads. No portion of any road may be accepted by the Town Board as a Town road, nor shall any bond be released, until such time as all streets and highways shown on the final plat have been fully improved to the satisfaction of the Planning Board and a final as-built plan of all utilities and improvements as required in Subsection G has been received by the Planning Board. Further, no road shall be considered for acceptance as a Town road, nor shall any bond be released, until the Town Engineer has previously certified the road as substantially completed in accordance with Subsection C and until at least one year has expired from the time of the certification, except where the plat has been divided into sections, then reference is made to the streets and highways shown on the particular section.
I. 
Snow removal bond. Where a certificate of occupancy is granted prior to acceptance of any road by the Town Board, the subdivider shall post a cash bond in the amount of $750 per 1,000 feet of road substantially improved for the purpose of guaranteeing that he will remove snow from the road quickly and expeditiously. The cash bond shall not relieve the subdivider from the obligation of snow removal, and, in the event that the Supervisor of the Town shall deem that the subdivider is negligent in plowing snow, he shall, after 12 hours' notice to the subdivider, order the Superintendent of Highways to remove the snow and shall deduct the cost of said removal from the cash bond.
The Planning Board may waive, for such period as it may determine, the provision for any such improvements as, in its judgment, are not necessary to fulfill the express purposes of these regulations. In the case of each waiver granted, the Planning Board shall enter upon its records the reasons why the particular improvement is not necessary, and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest.
A. 
All improvements shall be subject to inspection and approval by the Town Engineer, who shall be notified by the subdivider at least 48 hours prior to the start of construction.
B. 
The developer shall give the work his personal supervision and attention and shall have or require his contractor to have a competent English-speaking foreman at the site at all times during the progress of the work.
C. 
The Town Engineer or other designated official shall inspect the required improvements during construction to assure their satisfactory completion and shall periodically submit a written statement to the Planning Board as to the progress of completion of the required improvements. The subdivider shall pay to the Town an inspection fee based upon the full cost of the improvements shown on the subdivision plat, and the subdivision plat shall not be signed by the Chairman of the Planning Board until such fee has been paid. Said fee shall be established annually by the Town Board and shall be on file in the office of the Town Clerk.
[Amended 11-26-1986]
D. 
Whether or not the Town Engineer or other duly designated official carries out the inspection of required improvements during construction, the subdivider shall not in any way be relieved of his responsibilities to comply with these regulations.
E. 
Prior to the start of construction of any required improvements, the subdivider shall meet with the Town Engineer and Superintendent of Highways and shall furnish a construction schedule and discuss job conditions and circumstances.
F. 
The subdivider shall employ a professional engineer licensed in the State of New York, who shall be available at the Town Engineer's request to implement any changes which job conditions may necessitate.
A. 
If the Town Engineer or other duly designated official shall find, upon inspection, that any of the required improvements have not been constructed in accordance with the plans and specifications approved by the Planning Board, the subdivider and the bonding company shall be jointly and severally liable for the costs of completing said improvements according to the approved plans and specifications.
B. 
Unless covered by a performance bond, as specified in § 131-15, no plat which may be an extension of a previously recorded plat nor any new plat, regardless of location, shall be approved by the Board if the subdivider has not fully completed the improvements required in the previously recorded plat.
C. 
Whenever a developer, during the course of development, encounters conditions, such as flood areas, groundwater, springs, intermittent streams, humus beds, unsuitable slopes and soft areas or other unusual circumstances not foreseen in the general planning, such conditions shall be reported to the Planning Board, together with the developer's recommendations as to special treatment to secure adequate and permanent construction. The Planning Board shall, without unnecessary delay, investigate with the Town Engineer the condition and either approve the developer's recommendations to correct the same or a modification thereof or issue its own specifications for the correction of the condition. Unusual circumstances or detrimental conditions observed by the Planning Board or its agents shall be similarly treated.
D. 
The Planning Board may require the subdivider to carry away by pipe or open ditch any spring or surface water that may exist either previous to or as a result of the subdivision. In the event that such drainage facilities cannot be located in the street right-of-way, such facilities shall be located in perpetual unobstructed easements of appropriate width.
E. 
Any improvements affecting wetlands shall be subject to the provisions of the Town of Carmel Wetlands Ordinance.[1]
[1]
Editor's Note: See Ch. 89, Freshwater Wetlands.
Where utilities required by the Planning Board are to be installed by a public utility company, the Planning Board may require written assurance addressed to the Board from the public utility company that such installations will be furnished by the company within a specified period of time and in accordance with the approved subdivision plat.
A. 
Public acceptance of streets and reservations. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town covering future title, dedication and provisions for the cost of grading, development, equipment and maintenance of any park or playground area.
B. 
Responsibility for ownership of reservations. Ownership shall be clearly indicated on the plat for all reservations of land.
C. 
Offers of cession and releases.
(1) 
The plat shall be endorsed with all necessary agreements in connection with required easements or releases. The form of such easements shall be approved by the Planning Board.
(2) 
Formal offer of cession to the public of all streets and parks which are not marked on the plat with notation to the effect that such cession will not be offered shall be filed with the Planning Board prior to plat approval.
(3) 
The plat shall also contain the following notations, where applicable:
(a) 
"All roads, streets, parks, easements and reservations shown hereon are hereby offered for dedication to the Town of Carmel."
(b) 
"All lots shown hereon are subject to temporary easements for the purpose of roadway construction and slope grading until such time as the roads have been accepted by the Town of Carmel."
(c) 
"The owner(s) hereby consent to the filing of this map followed by signature(s)..."