A.
Completion of improvements or filing of bond. After adoption of a resolution conditionally approving a subdivision plat, and before the plat is signed by the appropriate officer of the Planning Board, the applicant shall be required to complete, in accordance with the Planning Board's decision, all the road, drainage and other improvements specified in the resolution approving said plat or, as an alternative, shall file with the Town Board a bond in an amount fixed by the Planning Board as sufficient to secure to the town the satisfactory construction and installation of the incomplete portion of the required improvements. Such performance bond shall comply with the requirements of § 277 of the Town Law. The period within which required improvements shall be completed will be specified by the Planning Board in the resolution and is to be stipulated in the bond.
B.
Costs to be borne by applicant. All required improvements shall be made by the applicant, at his expense, without reimbursement by the town or any district therein.
C.
Special conditions.
(1)
Report to Planning Board; waiver.
[Amended 11-17-1987]
(a)
Whenever the applicant, during the course of development, encounters conditions such as flood areas, underground water, springs, intermittent streams, humus beds, unsuitable slopes, soft, silty or rocky soils, or other conditions not foreseen in the original planning, he shall report such conditions to the Planning Board, together with his recommended revisions to the construction plans to secure adequate and permanent construction; provided, however, that the Planning Board may waive the requirement of such hearing, provided that all of the following conditions are met:
[1]
The final subdivision plat is in substantial agreement with the approved preliminary subdivision plat.
[2]
No unanswered, substantive questions were raised at the public hearing on the preliminary subdivision plat.
[3]
There is no written request from any agency or person for a hearing on the final plat.
(b)
After its determination to waive the hearing on the final plat, the Planning Board may, based upon new information not available at the time of the original determination, rescind this determination and require such hearing.
(2)
The Planning Board shall, without unnecessary delay, investigate the condition or conditions and either approve the applicant's recommendations, order a modification thereof or take other appropriate action. All construction work affected by such conditions shall be halted until the conditions have been dealt with in a manner approved by the Planning Board. Unusual circumstances or detrimental conditions observed by the Planning Board, or its agents, shall be similarly treated.
D.
Satisfactory construction. The construction or installation of all improvements shall be to the satisfaction of the Planning Board.
E.
Maintenance of roads during period of bond. If, during the period when the performance bond is in effect, a certificate or certificates of occupancy (compliance) are issued for structures deriving access from roads where the improvement is secured by said bond, the applicant shall maintain all such roads in an all-weather passable condition, and such performance bond shall be deemed to cover any costs which the Town of Bedford may be required to incur to maintain such condition in the event of the failure of the applicant to do so.
F.
Failure to complete improvements. For subdivisions for which no performance bond has been posted, if the improvements are not completed within the period specified by the Planning Board in the resolution conditionally approving the plat, the approval shall be deemed to have expired unless an extension of the period of conditional approval is granted in accordance with the provisions of § 107-31I. In those cases where a performance bond has been posted and required improvements have not been installed within the term of such performance bond, the Town Board may thereupon declare said bond to be in default. In both cases (without and with a bond), the Planning Board may extend the period for the completion of the improvements if, in its opinion, such extension is warranted by the particular circumstances. The total extension shall be limited to not more than two (2) periods of six (6) months each.