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.
A.
General procedure. The Planning Board may provide
for the inspection of required improvements during construction to
assure their satisfactory completion. If, upon inspections, it is
found that any of the required improvements have not been constructed
in accordance with the approved plans, the applicant shall be responsible
for completing said improvements according to specifications. Failure
of the Planning Board or its duly authorized representative to carry
out inspections of required improvements during construction shall
not in any way relieve the applicant or the bonding company of their
responsibilities.
B.
Inspection fee. For all subdivisions involving the
construction of new roads and other improvements, a condition of plat
approval shall be payment prior thereto by the applicant of an inspection
fee equal to one dollars ($1.) per linear foot of new load to be constructed.
The linear footage shall be determined from the engineer's or surveyor's
certification as required in § 107-31C(5).
C.
Inspection of stages of construction. To facilitate
inspection of required road improvements during construction, the
applicant shall notify the Planning Board Secretary before he proceeds
with each of the following stages of construction:
D.
Final inspection and certification of construction.
After the applicant has completed construction of the required roads
and appurtenances, his request for a final inspection by the Planning
Board shall be accompanied by a set of as-built plans. This set of
plans shall consist of the following:
(1)
Four (4) copies of the subdivision plat modified to show locations of the monuments required by § 107-42D(6) and to include any change (see, e.g., § 107-33C) approved by the Planning Board during the period of construction.
(2)
Four (4) copies of the construction plan modified
to show the actual location of the required improvements as constructed.
This as-built plan shall show edges of pavement, all drainage structures,
the location of drainage easements, water lines and hydrants (including
height of hose connections above the curb level), all other underground
utilities and services, including lines and equipment for providing
power and/or communication, and road right-of-way lines; and shall
also show the stationing and profile of the pavement (center line
and both edges) as built.
(3)
Certification of construction. Each copy of the as-built
plans shall bear a dated certification by a registered surveyor or
professional engineer to the effect that the data shown thereon was
accurately determined by a field survey.
Where utilities required by the Planning Board
are to be installed by a public utility company or town special district,
the Planning Board may accept assurance from the public utility company
or town special district, in writing, that such installations shall
be furnished by the company or special district within a specified
period of time and in accordance with the approved construction plans.
A.
Offers of cession. All roads, parks and required easements
shall be indicated on the plat. If the applicant desires to offer
any roads or parks to the Town of Bedford, said offer shall be filed
with the Planning Board as part of the application for formal approval
of the subdivision.
[See § 107-31C(6).]
B.
Acceptance by the Town Board. Acceptance of any such
offer of roads and parks shall rest with the Town Board. In the event
that the applicant shall elect not to file the plat in the office
of the County Clerk within the thirty-day period required by law,
then such formal offer of cession shall be deemed to be void. 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 road,
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.
C.
Maintenance of roads and parks. In those cases where
no offer of cession to the public is made for the roads and parks
and required easements shown on the plat, there shall be submitted
with the plat copies of agreements or other documents providing for,
and fixing responsibility for, their suitable maintenance and statements
of all rights which exist with respect to the use of such property.
Such documents shall be referred to the Town Attorney for review as
to legal adequacy and competency.
The Planning Board may waive, subject to appropriate
conditions, the provision of any or all such improvements as, in its
judgment of the special circumstances of a particular plat, are not
required to satisfy the interests of the public health, safety and
general welfare or which are inappropriate because of inadequacy or
lack of connecting facilities.
If a new road shown on a proposed subdivision
plat intersects a state, county or town road, the applicant shall
submit his proposal for the design and construction of such intersection
to the appropriate agency for approval. [See § 107-31C(9).]
Written proof of such approval shall be filed with the Planning Board
as a part of the formal application for subdivision approval.
The preservation of the open space in a conservation
subdivision shall be permanently assured by means of the filing of
covenants and restrictions and/or scenic easements on the land.
A.
Conveyance of the land. Such land must be conveyed
to one (1) or more of the following:
(1)
A private land trust which, in the opinion of the
Town Board, will assure permanent preservation.
(2)
An association of all property owners within the subdivision
established in a manner acceptable to the Town Board. Such association
shall be empowered to levy assessments against its member property
owners to defray the cost of maintenance and to acquire liens, where
necessary, against member property owners for unpaid charges or assessments.
In the event that the property owners association fails to perform
the necessary maintenance operations, the Town of Bedford shall be
authorized to enter upon such premises for the purpose of performing
such operations and to assess the cost of so doing equitably among
owners of all affected properties.
(3)
The Town of Bedford, if accepted by the Town Board.
(4)
To each record owner of a dwelling unit an undivided
fractional interest in common with all other owners of record of the
dwelling units where in each such record owner of real property in
the conservation subdivision shall convenant with each other and with
the Town of Bedford to perpetually preserve such open space and/or
recreational area that shall have been approved by the Planning Board.
B.
Approval of agreements and documents. All agreements
and documents pertaining to the establishment of any land trust or
association of property owners and the preservation and protection
of all open spaces, including recreational areas, but not limiting
by way of specifications, conservation or scenic easements, restrictions,
right, covenants or other conditions or limitations, shall be subject
to the final approval of and by the Town Board.
