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.
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.
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)..."
