[Amended 12-13-2018 by L.L. No. 9-2018]
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 Engineering and Facilities Management.
However, upon recommendation of the Department of Engineering and
Facilities Management 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. A statement from the Department of Engineering and
Facilities Management stating that all of the improvements comply
with the requirements of the Town Board, Planning Board and Department
of Engineering and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
B. 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]
C. 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 Engineering and Facilities Management 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 Engineering and Facilities Management. 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.
[Amended 12-13-2018 by L.L. No. 9-2018]
D. A deed in a form satisfactory to the Town Attorney
conveying the public improvements.
E. 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.