[Added 12-4-2000 by L.L. No. 5-2000[1]]
A.
The following improvements will be required except
when the Planning Board waives the requirement by specific resolution:
(1)
Paved streets.
(2)
Curbs or gutters.
(3)
Sidewalks.
(4)
Shared water distribution systems and fire hydrants.
(5)
Central or shared sanitary waste disposal facilities
or structures.
(6)
Storm drainage facilities, including retention
or detention ponds of a permanent and/or temporary nature.
(7)
Construction phase soil erosion and sedimentation
control facilities and structures.
(8)
Street signs.
(9)
Streetlighting.
(10)
Street trees.
(11)
Provision of two inches of suitable topsoil,
seeding or sodding of planting strips with lawn grass and stabilization
thereof.
B.
Each applicant and developer, including all assignees
and successors in interest, shall become and remain responsible for
the completion of all public improvements.
[1]
Editor's Note: This local law also stated
that, to the extent that it departs therefrom, it supersedes Town
Law § 277, Subdivision 9.
[Added 12-4-2000 by L.L. No. 5-2000[1]]
A.
The following improvements may, where incorporated
on a plat and where circumstances dictate that same are necessary
for the proper functioning of the site and/or the protection of the
public health, safety and welfare, be required by the Planning Board
as part of its plat approval and, when so required, shall be considered
public improvements:
(1)
Retaining walls: as may be required with or
without fencing in order to safely and properly implement all elements
of the proposed site use and access.
(2)
Paved parking lots: as may be required to prevent
degradation of air and water quality by airborne or waterborne siltation,
to provide safe and reliable routine and emergency access in all seasons
and to safely delineate parking lot circulation ways and individual
parking spaces and/or as part of a plan to collect and manage stormwater
drainage.
(3)
Landscaped areas: as may be required to screen
or buffer all or portions of the site from adjoining land uses so
as to avoid creating noise and harmful visual effects to the public.
(4)
Site grading and clearing measures: as may be
required to convert a given site for use and access as intended in
a land use plan approved by the Planning Board in a manner that avoids
creating stormwater quality impacts or harmful impacts to reserved
vegetation.
(5)
Site distance clearing and/or grading: as may
be required to provide safe and adequate sight distance and avoid
creating a public safety hazard in both the short and long terms due
to approved site use.
(6)
Construction and grading easements: as may be
needed to enter onto a site and either complete any necessary grading
and stabilization work so that the site can be used as intended or,
in the alternative, so that the site can be stabilized to avoid creating
a public health or safety hazard.
(7)
Wetland restoration facilities: as may be needed
to mitigate damage or disturbance to a wetland caused by activities
related to site development.
(8)
Landscaping improvements: as may be required
to screen or buffer all or portions of the site from adjoining land
uses so as to avoid creating noise and harmful visual effects to the
public.
(9)
Any other public facility or requirement of
the Planning Board pursuant to a pending plan and/or pursuant to any
local law or ordinance of the Town identified or characterized as
a public improvement where the same can be found to be necessary in
order to provide for the needs of the proposed site while avoiding
harmful public health, safety and welfare impacts.
B.
Each applicant and developer, including all assignees
and successors in interest, shall become and remain responsible for
the completion of all public improvements.
[1]
Editor's Note: This local law also stated
that, to the extent that it departs therefrom, it supersedes Town
Law § 277, Subdivision 9.
[Added 12-4-2000 by L.L. No. 5-2000[1]]
A.
As part of its final approval review, the Planning
Board shall fix a schedule for the completion of all public improvements
as defined in this chapter. The schedule shall be a condition of approval
and shall be incorporated into a public improvement security agreement
to be entered into with the Town Board as called for by the Planning
Board.
B.
Unless no public improvements are required, no final
subdivision approval shall be granted by the Board until the applicant
has entered into a public improvement security agreement with the
Town. The public improvement security agreement shall include, at
a minimum, the following elements:
(1)
A schedule for completion of all required public
improvements.
(2)
An itemization of the financial security required
for each public improvement and a schedule for its posting or deposit
with the Town.
(3)
Provision for maintenance, repair or replacement
in kind of any public improvements, including but not limited to landscaping,
for an appropriate period of time not to exceed two years.
(4)
The amount required to be deposited, in escrow,
for use in paying the inspector(s) utilized by the Town to inspect
all public improvements in order to determine compliance with the
conditions of subdivision approval.
(5)
Contractual authorization for the Town to utilize
the financial security posted or deposited by the applicant for the
purpose of either completing any public improvement or restoring the
site to a safe, secure and stable condition in the event the developer
fails to complete all public improvements or delays unreasonably in
his obligation to complete same.
(6)
The agreement shall provide that no plat shall
be signed or released for filing until those conditions mandated by
the Planning Board or the Town Board to be completed before signing
and filing have been satisfied and approved by the appropriate Town
official/agent.
(7)
The agreement shall provide that no building
permit shall be issued until those conditions mandated to be completed
before such issuance have been satisfied and approved by the appropriate
Town official/agent.
(8)
The agreement shall provide that no certificate
of occupancy shall be issued until those conditions mandated to be
completed before such issuance have been satisfied and approved by
the appropriate Town official/agent.
[1]
Editor's Note: This local law also stated
that, to the extent that it departs therefrom, it supersedes Town
Law § 277, Subdivision 9.
