The letter of credit shall be submitted by the
applicant to the town. The total value of this item shall be determined
as follows:
A.
Improvements and letter of credit.
(1)
Prior to an action by the Planning Board approving
a final plat, the applicant shall be required to complete, in accordance
with the Planning Board's decision and to the satisfaction of the
appropriate town departments, and to file with the Town Board a letter
of credit in an amount estimated by the Commissioner of Public Works/Superintendent
of Highways, with the approval of the Town Attorney, to secure to
the town the satisfactory construction and installment of the required
improvements. A period of one year, or such other period as the Planning
Board may determine appropriate, within which improvements must be
completed shall be specified by the Planning Board and expressed in
the letter of credit.
(2)
Such letter of credit shall comply with the requirements
of § 277 of the Town Law, as amended or changed, and shall
satisfy the Town Board as to form, sufficiency and manner of execution.
The letter of credit shall provide that an amount determined adequate
by the Commissioner of Public Works/Superintendent of Highways, with
the approval of the Town Attorney, shall be retained for a period
of one year after the date of completion of the required improvements
to assure their satisfactory condition.
(3)
All required improvements shall be made by the applicant
at his or her expense without reimbursement by the town or any district
therein, unless alternatively provided for in accord with provisions
of § 277, Subdivision 1-a, of the Town Law, as amended or
changed. Said improvements shall include the following, as well as
those improvements listed in said section and in the Town of Irondequoit
Minimum Specifications for Dedication[2] and in other sections of this chapter:
(a)
Streets and streetlighting facilities.
(b)
Street signs.
(c)
Curbing and gutters.
(d)
Grass curb strips.
(e)
Sidewalks.
(f)
Street shade trees.
(g)
Monuments.
(h)
Stormwater runoff systems.
(i)
Sanitary sewage collection systems or approved
alternate, such as on-site sewage disposal systems.
(j)
Water supply systems, if water is available,
or private wells.
(k)
Parks and recreation facilities.
(l)
Electric, gas, telephone and utility lines.
(m)
Plantings and ground covers.
(n)
Driveway aprons.
[2]
Editor's Note: Said Specifications are on
file in the town offices.
C.
Professional fees of the applicant's engineer.
D.
Estimated inspection fees as determined by the Commissioner
of Public Works/Superintendent of Highways.
The applicant shall provide a maintenance bond
guaranteeing the project against faulty workmanship on materials for
a period of not less than two years and up to three years after acceptance
by the town. The amount of the maintenance bond shall be 10% of the
total construction amount, but not less than $5,000. Individual portions
of the project, i.e. sanitary sewer systems and water systems, can
be bonded after their individual acceptance by the town. The maintenance
bond for the pavement, gutters and/or sidewalks shall not be accepted
until the entire project is ready for dedication.
[Amended 1-3-1985 by Ord. 84-7[1]]
Prior to issuance of the building permit, the
permittee (builder) shall provide a certified check in an amount set
by the Town Board per lot upon which he or she intends to build. This
security shall be retained until that portion of the land extending
through the right-of-way to edge of gutter, and any lot drainage channels
are satisfactorily cleaned up and graded in a manner acceptable to
the Building Inspector after the house is constructed and if not complied
with shall be forfeited within 30 days after issuance of the certificate
of occupancy, but due to weather or emergency conditions, the time
may be extended by order of the Commissioner of Public Works.
The procedure required for the release of funds
shall be a follows:
A.
Submission of periodic construction estimates by the
contractor to the applicant is required.
B.
Inspection of improvements. The town shall employ
the Town's Engineer to act as agent of the Planning Board for the
purpose of assuring the satisfactory completion of improvements required
by the Planning Board. If the Planning Board or its agent finds, upon
inspection, that any of the required improvements have not been constructed
in accordance with the Planning Board's recommendations or the approved
construction detail sheet(s), the applicant and the financial institution
will be severally and jointly liable for the costs of completing said
improvements according to the specification.
C.
The letter of credit shall remain in full force and
effect until a request is made by the applicant to the Town Supervisor
for a release from the letter of credit. The Supervisor shall then
submit the request by letter to the Commissioner of Public Works/Superintendent
of Highways for his or her recommendation. Before the Commissioner
of Public Works/Superintendent of Highways makes a recommendation,
he or she shall receive a signed statement from the applicant's engineer
to the effect that the work is complete according to plans and specifications
and the work has been inspected by a licensed professional engineer.
Upon receipt of said recommendation, the Supervisor may authorize
release of up to 90% of the total letter of credit. Before the final
10% of the letter of credit can be requested by the applicant, a maintenance
bond covering up to three years and equal to 10% of the project cost
shall be posted, and any roads shall be dedicated to the Town of Irondequoit.
When this is done, the Supervisor shall again submit letters to the
Commissioner of Public Works/Superintendent of Highways for his or
her recommendation, after which the Supervisor submits his or her
sign-off letter to the Town Board indicating final release of said
letter of credit.
D.
In the event of default of compliance with the conditions
of this chapter and any other applicable laws, such letter of credit
shall be forfeited to the town. The town shall return to the applicant
any amount that is not needed to cover the costs of restoration, administration
and any other expenses incurred by the town as a result of the applicant's
default.
The release of retainage shall be considered
after the systems have been tested and approved by the town and upon
the submission and acceptance of the maintenance bond.
Release of the maintenance bond shall be authorized,
in writing, by the Commissioner of Public Works upon final inspection
of the project site by town authorities. This inspection shall be
completed at least one month before the expiration of the bond.
