A.
Completion of improvements or filing of bond.
(1)
After adoption of a resolution approving a final subdivision plat and before the plat is endorsed by the Planning Board Chairman or other duly authorized member, the applicant shall be required to complete, at his or her expense and without reimbursement by the Town or any special district, all street and other improvements as shown on the approved construction plans or as otherwise specified in the resolution and to dedicate the same to the Town of Pound Ridge free and clear of all liens and encumbrances on the property and public improvements thus dedicated. If the road is not to be dedicated, then the appropriate agreements as required by § A117-29C of these regulations shall be filed with the County Clerk, Division of Land Records.
(2)
The Planning Board, at its discretion may waive the
requirement that the applicant complete and dedicate all public improvements
or file the necessary documentation regarding improvements not to
be dedicated prior to the signing of the subdivision plat and permit
the applicant to post a surety bond at the time of application for
final subdivision approval in an amount estimated by the Town Engineer
as sufficient to secure to the Town the satisfactory construction,
installation and dedication of the incompleted portion of any required
improvements. The bond shall state the period within which the required
improvements must be completed.
(3)
All improvements shall be initiated within six months and completed within 18 months of the signing of the final subdivision plat by the Planning Board Chairman pursuant to § A117-14L of these regulations unless such periods are specifically extended by the Planning Board. All improvements, including the construction of all roads, the implementation of soil erosion control measures, landscaping, drainage and other improvements, shall be completed to the satisfaction of the Town Engineer and approved by the Planning Board, in accordance with the approved construction plans and the requirements of these regulations.
B.
Posting of a performance bond. If the applicant elects
to file a performance bond, such bond shall comply with the requirements
of § 277 of the Town Law and shall be posted prior to the
signing of the subdivision plat. The bond is to be written by a surety
company licensed to do business in the State of New York, and said
company shall be an accepted and approved listed company as evidenced
by Circular 570 published by the United States Department of the Treasury,
current edition. The Town Attorney shall review said bond and rule
as to form and acceptability prior to the signing of the subdivision
plat. The amount of the bond and the period within which the required
improvements must be completed shall be conditioned on the satisfactory
completion of all required improvements within such period, although
the Planning Board may require that the bond also be conditioned on
the completion of certain phases of construction within such shorter
period as may be specified in the Board's resolution.
C.
Posting of maintenance funds. The applicant shall post maintenance funds in the form of cash, letter of credit or other readily accessible method in an amount determined adequate by the Town Engineer to be retained for a period of one year after the date of dedication of the required improvements. The purpose of these funds is to assure the satisfactory condition of any required improvements, that the road is maintained in an all-weather passable condition, and that all improvements operate satisfactorily if certificates of occupancy are issued during the term of the performance bond under the provisions of § A117-29 of this Article. The Town Engineer may recommend to the Town Board that separate funds be posted with the Town in cash or equivalent to an amount determined adequate by the Town Engineer to be used for the immediate reimbursement of the Town of any expenses incurred pursuant to § A117-29 of this Article.
D.
Costs to be borne by the applicant. All required improvements
shall be made by the applicant, at his or her expense, without reimbursement
by the Town or any district therein.
E.
Failure to complete improvements.
(1)
Where performance bond is not posted. If the improvements are not completed within the period specified either in Subsection A of this section of these regulations or by the Planning Board in the resolution approving the subdivision plat, the approval shall be deemed to have expired. The applicant may reapply for approval of his or her proposed subdivision in accordance with these regulations.
(2)
Where a performance bond is furnished. If the improvements
are not completed within the term of such performance bond and if
no application for the extension of the bond has been made by the
developer and approved by the Planning Board, the Town Board may thereupon
declare the bond to be in default.
A.
Inspection by the Town Engineer. The Town Engineer
shall inspect all required improvements during construction to assure
their satisfactory completion and shall certify that these improvements
have been satisfactorily completed. As a condition of plat approval,
the applicant shall pay to the Town an inspection fee as required
in Appendix A of these regulations for the inspection of improvements.[1] The amount of such improvements shall be determined from the certification from the engineer or surveyor required in § A117-14A of these regulations. The subdivision plat shall not be signed by the Chairman of the Planning Board until this fee is paid.
[1]
Editor's Note: Appendix A is included at the
end of these regulations.
B.
Failure to complete improvements. If the Town Engineer
finds, upon inspection, that any of the required improvements have
not been constructed in accordance with the Land Development Regulations
and the approved construction plans, the applicant shall be responsible
for their satisfactory completion. Wherever the cost of improvements
is covered by a performance bond, the applicant and the bonding company
shall be severally and jointly liable for completing said improvements
according to specifications.
C.
Notification of Town Engineer regarding inspection
of improvements. In the case of a new road or a change in an existing
road, the applicant shall notify the Town Engineer that the construction
of the required improvements is ready for inspection at the following
stages of construction. No construction will be approved without such
notification. Such notification shall be given within two working
days of the completion of each phase of construction, and no work
shall proceed on the subsequent construction stage until the prior
stage has been completed to the satisfaction of the Town Engineer.
Any violation of this procedure may result in a complete stoppage
of all construction. Inspection shall be conducted as follows:
(1)
Prior to the initiation of construction, the Town
Engineer, a representative appointed by the Planning Board and the
developer shall mark all trees and other significant factors along
the right-of-way or common driveways to be removed or saved. The possible
realignment of roads within the right-of-way or common driveways within
the boundaries of lots or easements through which they pass shall
also be identified in this field visit.
(2)
Upon completion of the cutting of brush and trees,
the removal of stumps and the removal of all topsoil within the roadbed
to roadside areas for storage; the removal of any wet, unstable soil
to any depth required until a firm base of suitable subsoil (35 pounds
per square inch) remains for the roadbed.
(3)
Upon completion of the rough grading of the roadbed
and the installation of the road base and drainage structures and
the required grading of the side banks, shoulders and other grading
areas. Culverts, headwalls, catch basins and other similar elements
are not to be covered until authorized by the Engineering Inspector.
(4)
Upon the completion of the placement of the first
course of asphaltic concrete as specified; the covering of headwalls,
culverts and catch basins and the finished grading of shoulders and
banks; and the placing of topsoil where necessary. The Town Engineer
may require that test holes be dug in order to inspect pavement thickness
and type or that pins and string lines or other control devices be
set up to assure that the required courses conform accurately to the
proper line, grade and cross section.
(5)
Upon the completion of the application of the top
coarse, the cleaning up of shoulders, the seeding of banks and other
disturbed areas and the installation of road signs.
(6)
Upon completion of all required improvements.
D.
Inspection in stages. Road construction and inspection
shall be conducted in multiples of 500 feet. The Town Engineer, upon
written request, may authorize road construction and inspection for
lesser or greater distances.
E.
Staking of roads during construction. In order to
facilitate the inspection procedure, all roads shall be staked during
construction at each side of the road right-of-way, at intervals of
approximately 50 feet, except where a shorter distance is required
on curves, and each stake shall be marked with the appropriate station
number, finished grade consistent with the corresponding station number,
and finished grade shown on the construction plans.
F.
Town engineering report. The Planning Board may require
that written certification shall be made by the Town Engineer at the
completion of the above-mentioned successive stages of work, stating
the date of each inspection and the fact that the work, when inspected,
was in accordance with the approved plans and specifications. If such
certification is required, a copy of each of the notices of certification
shall be transmitted to the Town Highway Superintendent.
The Planning Board, at its discretion, may require
the applicant to secure written assurance from each public utility
company whose facilities are proposed to be installed. Such assurance
shall be in writing, addressed to the Board, stating that such public
utility company will make the installations necessary for the furnishing
of its service within a specified time, in accordance with the approved
construction plans.
When the subdivider has completed construction
of all required roads and improvements and requests the Town Engineer
to make a final inspection, such request shall be accompanied by five
copies of the as-built construction plans and a Mylar showing the
actual locations of the required improvements as constructed.
A.
Specifically, such plans shall show:
(1)
The center line of the right-of-way.
(2)
The center line and edges of the traveled way at one-hundred-foot
intervals and at points of curvature and tangency.
(3)
Profiles and slope of the finished surface of the
traveled way at fifty-foot intervals and at high and low points along
the center line.
(4)
The location of all catch basins and headwalls, by
the plus and offset method, and the elevations of the top, the pipe
invert and the sump invert.
(5)
The locations of all culvert pipes, with length, diameter,
slopes and material.
(6)
The location of spilloffs.
(7)
The location of drainage and slope and other applicable
easements.
(8)
The center line and the edges of the traveled way
at a turnaround. The location of the center of the turnaround. The
elevation of the outer edges of the turnaround at each side, at the
farthest end and at the high and low points.
(9)
The location of edges of pavement at road intersections.
(10)
The location of all monuments.
B.
Such plan shall bear a dated certification by a licensed
surveyor or professional engineer to the effect that the data shown
thereon was accurately determined by field survey.
C.
The Town Engineer shall make an inspection and submit
a report thereon to the Planning Board.
A.
All roads, parks and required easements shall be indicated
on the plat. Formal offer of cession to the public of all roads and
parks to be offered to the public shall be filed with the Planning
Board prior to approval of the plat by the Planning Board. The applicant
may add, as part of the plat, a notation, if he or she so desires,
to the effect that no offer of dedication of such roads and parks,
or any of them, is made to the public. That notation should also state
that there will be no delivery of mail to individual houses, snowplowing
or other Town maintenance or school bus pickup on the private road(s).
B.
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
approval period provided by law, then such formal offer of cession
shall be deemed to be void.
C.
With respect to roads and parks not offered to the
public, 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.
D.
With respect to roads and parks and all required easements,
there shall be presented to the Planning Board, prior to approval
of the plat, agreements permitting entrance by the public for installing
required improvements in the event of nonperformance under the terms
of the bond.
Upon completion of all requirements set forth
in the action approving the subdivision plat, the plat shall be properly
signed by the appropriate officer of the Planning Board. The Planning
Board Secretary shall assure that the plat is filed in the office
of the County Clerk. A subdivision plat not so filed within 90 days,
or such other period as is permitted by law, of the date of Planning
Board signature, shall become null and void. Ten copies of every filed
subdivision plat, showing the endorsement of the County Clerk, shall
be obtained and transmitted to the Planning Board Secretary within
30 days of the date of filing for distribution to the Planning Board,
Town Clerk, Tax Assessor, Town Engineer, the Highway Department and
the Fire Commissioners.
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. The Planning Board may also
require the filing of a written agreement between the applicant and
the Town Board covering future title, dedication and provision for
the cost of grading, development, equipment and maintenance of any
park or playground area.
A.
Conditions for the issuance of certificates. When a certificate of compliance is desired to permit occupancy of a structure in a subdivision in which the improvements are guaranteed by a performance bond, such a certificate may be issued, provided that the provisions of § 113-72 of the Zoning Ordinance have been met.
B.
Degree of improvement required. A bonded road or portion thereof shall be deemed "suitably improved" for the purposes of § 113-72 of the Zoning Ordinance when the following stages have been satisfactorily constructed and installed in accordance with the construction plans and specifications approved by the Planning Board, on the new road or on that portion of the new road between an existing improved road and the driveway on the lot for which a certificate of compliance is required:
C.
Maintenance agreements required.
(1)
In those cases where the developer has indicated that
the road will remain in private ownership, statements of maintenance
responsibility will have been required prior to plat approval. No
building permit shall be issued for any lot until the road has been
inspected by the Town Engineer and determined to be complete by the
Planning Board. No certificate of occupancy shall be issued unless
and until the road is maintained in accordance with the required maintenance
agreement.
(2)
When an offer of cession of the road to the public
is made, the Planning Board shall require that the developer present
written agreements or other documents, satisfactory to the Town Attorney,
assuring that the developer will be responsible for the maintenance
of the bonded road in all-weather passable condition, including snow
removal and sanding, during the period between the issuance of the
certificate of compliance and the acceptance of the fully completed
road as a Town road by the Town Board. Such maintenance responsibility
shall also include adjoining public or private roads where the developer
has or will have done any construction work in connection with the
subdivision.
(3)
Failure to maintain road. In the event that, when proceeding under Subsection C(2) above, the roads are not continuously maintained in all-weather passable condition, the Town Engineer shall notify the developer, in writing (certified mail, return receipt requested), as to the nature of the deficiency and the action necessary to return the road to such condition. During the term of the maintenance funds, failure of the developer to proceed with effective remedial action within 24 hours, in the case of surface condition maintenance, or 48 hours, in the case of road construction maintenance, following the mailing of such written notice shall be cause for the Town Engineer, upon authorization by the Town Supervisor, to have the necessary work done. The charges for such work shall be reimbursed out of the maintenance funds required under § A117-22C. In emergency situations, the Town Supervisor may authorize appropriate maintenance by the Highway Department to assure safe and adequate, all-weather vehicular access.
