[HISTORY: Adopted by the Town Board of the Town of Clarkstown 3-7-1979 (Ch. A113 of the 1974 Code). Amendments noted where applicable.]
No streets or other public improvements shall be accepted by the Town of Clarkstown unless the applicant has fully complied with all of the requirements imposed by the Planning Board, Town Board and Department of Environmental Control. However, upon recommendation of the Department of Environmental Control and the Town Attorney, the Town may accept the public improvements if there is a minor noncompliance and the applicant posts with the Town of Clarkstown a cash deposit sufficient to complete the improvement, and provided further that the applicant executes an agreement with the Town of Clarkstown, in a form satisfactory to the Town Attorney's office, agreeing to fully comply with these requirements within a reasonable time after acceptance.
The applicant shall file with the Town Attorney's office of the Town of Clarkstown the following documents:
A statement from the Department of Environmental Control stating that all of the improvements comply with the requirements of the Town Board, Planning Board and Department of Environmental Control.
A statement from the Superintendent of Highways stating that all of the streets comply with the Town's current street specifications.
[Amended 8-20-2013 by L.L. No. 6-2013]
A guaranty on forms approved by the Town Attorney guaranteeing that all of the public improvements dedicated to the Town of Clarkstown have been constructed in a good workmanlike manner, with quality materials and in conformance with the standards and specifications of the Town of Clarkstown or any of its agencies. The guaranty must remain in effect for one year following the date of acceptance and be secured by the deposit with the Town of Clarkstown of a sum of money equal to 5% of the total cost of the public improvements offered for acceptance to the Town of Clarkstown. The amount of cash deposit shall be computed by the Department of Environmental Control and shall be based upon the cost existing at the time the statement referred to in Subsection A of this section is issued by the Department of Environmental Control. The applicant may, instead of posting a cash deposit, post a savings account having a balance equal to the amount of cash deposit, and such savings account shall be assigned to the Town of Clarkstown.
A deed in a form satisfactory to the Town Attorney conveying the public improvements.
A binder for title insurance which shall show that the Town's ownership of the public improvements will not be subordinate to any liens or other encumbrances.