A.
The approval of the subdivision plat shall not be
deemed final until the subdivider has completed all required subdivision
improvements to the satisfaction of the Town and the improvements
have been accepted by the Town Board or until the subdivider has filed
a letter of credit which has been accepted by the Town Board and has
offered for dedication all streets, easements and improvements.
B.
Section 280-a of the Town Law prohibits the issuance
of a building permit for the erection of any building unless the access
to such structure is from a public street or highway.
A.
The final plans shall indicate which of the streets,
easements and improvements will be dedicated to the public and conveyed
to the Town for public purposes. Such dedication shall be subject
to acceptance by the Town Board.
B.
The subdivider shall submit to the Engineering Department,
in a form acceptable to the Town Attorney, all deeds, easements (easement
maps and descriptions) or other appropriate legal documents (the "legal
documents") necessary to convey to the Town all improvements shown
on the approved subdivision plat. The subdivider shall also provide
the appropriate gains tax affidavit(s), real property transfer form(s),
abstract(s), if required by the Town Attorney, and funds sufficient
to record or file, as the case may be, all legal documents. The Town
shall promptly record or file, as the case may be, the legal documents.
C.
All street deeds submitted to the Town shall contain
the following language: "The obligation of the grantor to make improvements
within the property granted herein, in accordance with the requirements
of the Town of Union, shall continue, notwithstanding the acceptance
and recording of this deed. The acceptance and recording of this deed
by the Town of Union shall not constitute acceptance of said improvements
for maintenance until said improvements have been completed and approved
by the Town Board of the Town of Union."
[Amended 4-6-1994 by L.L. No. 5-1994]
A.
Estimated cost of improvements. The subdivider or
developer shall provide the Engineering Department an estimated cost
of improvements ("estimated cost") for the development phase. The
Town Engineer shall direct the subdivider or developer or his representative
as to what improvements shall be included in the estimated cost for
the subdivision. The estimated cost shall be prepared by a professional
engineer or shall be contractual costs provided by the subdivider's
or developer's general contractor and shall include the costs of all
required subdivision improvements. The Town Engineer shall certify
that the cash amount or letter of credit amount is correct. The Town
Engineer shall prepare the estimated cost for paving the street(s)
including a unit price based on reviewing annual bids and estimating
quantities of materials from the subdivision plans. Monies to be dedicated
for paving shall not be released until two years after acceptance
of paving or until after 75% of the lots are fully developed and approved,
whichever comes first.
[Amended 3-2-2005 by L.L. No. 3-2005]
B.
The subdivider shall submit to the Engineering Department
a letter of credit based on the approved estimate cost. The letter
of credit shall have an expiration date of October 30. The letter
of credit shall provide for drawdowns. The letter of credit shall
be in a form acceptable to the Town Attorney. The letter of credit
will be accepted by the Town Board, at its next regularly scheduled
meeting, after receipt by the Town Board of the Commissioner of Public
Works' certification.
(1)
Upon approval of the improvements set forth in § 181-19, the subdivider may request, in writing, a return of the letter of credit. The Town Board will authorize the return of the letter of credit at its next regularly scheduled meeting.
(2)
In the event that the letter of credit is drawn down,
the Town, upon receipt of the proceeds of the letter of credit, shall
cause the remaining improvements to be constructed within the subdivision
at a cost which shall not exceed the proceeds obtained from the letter
of credit.
C.
A subdivider may not begin construction on a subdivision
until a letter of credit or bond is accepted by the Town Board for
a term and in an amount set by the Town Board based on projected cost
to complete all improvements. The estimated cost will be used to determine
the maintenance bond guaranty. If the letter of credit or bond expires
prior to the improvements being completed and accepted by the Town
Board, a stop-work order shall be issued to cease all work, including
issuance of any building permits, until such time as a new letter
of credit or bond is accepted by the Town Board. The subdivider shall
maintain a current effective letter of credit or bond at all times
after the subdivision plat is signed until all improvements are complete.
In the event that improvements are not completed at least 30 days
prior to the expiration of a letter of credit or bond, the subdivider
shall submit a new letter of credit or bond, in such amount and based
on the projected cost to complete the remaining improvements, with
at least a one-year term or such shorter term as the Town Board shall
direct.
[Amended 11-20-2001 by L.L. No. 8-2001]
A.
The subdivider, at his/her own expense, shall design, construct and install all improvements as shown on the approved subdivision plans. All such improvements shall meet the Town standards contained in Article IX and and the detail drawings included at the end of this chapter.
(1)
The
general contractor and all subcontractors involved in the construction
of infrastructure at the listed construction site shall complete and
sign two copies of the certification statement before any work commences.
A copy of the certification statement can be found at the end of this
chapter.
[Added 12-2-2009 by L.L. No. 15-2009]
B.
Partial installation of improvements. Upon the completion
of phase one improvements, their inspection and their acceptance by
the Town Board, the developer shall be released from all liability
except for that portion of the improvements not yet approved. A maintenance
bond must cover all improvements. The portion of the letter of credit
covering the completed improvements may be released after the improvements
are accepted by the Town Board.
C.
Prior notice of construction. The subdivider or his
contractor shall notify the Town Subdivision Inspector three days
prior to the start of any of the following phases of work, so the
Town may schedule its construction inspections:
[Amended 11-20-2001 by L.L. No. 8-2001; 3-2-2005 by L.L. No. 3-2005]
D.
Construction inspection.
(1)
The construction shall be inspected by the Subdivision
Inspector. The Subdivision Inspector shall schedule and complete in
a timely manner all special tests, such as, but not limited to, sewer
pressure test, compaction test, waterline test or other tests as required
by Town standards.
(2)
The Town Engineering Department, biweekly, shall issue
a report to the developer indicating progress toward the completion
of the subdivision street and improvement work, correction of deficiencies
and the existence of outstanding deficiencies, if any. A report shall
be issued for each subdivision under construction. If after due notification
the subdivider fails to remedy the noted deficiencies and/or fails
to complete the subdivision street and improvement work, the Commissioner
of Public Works shall recommend that the Town Board declare the subdivision
to be in default and the letter of credit to be drawn upon.
E.
Modification of design improvements. If at any time
before or during the construction of the required improvements it
is demonstrated to the satisfaction of the Town Engineer that unforeseen
conditions make it necessary or preferable to modify the location
or design of such improvements, the Town Engineer may authorize modifications,
provided that these modifications are in the spirit and intent of
the Planning Board's approval and do not extend to a waiver or substantial
alteration of the function of any improvements required by the Planning
Board. The Town Engineer shall issue the authorization in writing
and shall send a copy to the Planning Board.
A.
Subdivider's request. The subdivider shall submit,
in writing, a request to the Commissioner of Public Works that the
improvements be accepted as completed and request a release of the
outstanding letter of credit. The Subdivision Inspector will certify
that all tests have been completed and that all improvements have
been completed to Town standards.
B.
Street acceptance shall be accomplished in two phases.
(1)
Phase one.
(a)
Sanitary sewers, storm sewers, waterlines, bridges,
detention ponds and all their appurtenances, including but not limited
to sewer laterals, manholes, catch basins and valves and hydrants.
Such improvements must be installed and all noted deficiencies corrected
in accordance with Town standards and Planning Board approved subdivision
plans by September 15 of the year in which such street acceptance
is requested.
(b)
The erosion control plan, including topsoil
and seeding, shall be completed by September 15 of the year in which
such street acceptance is requested. If the seeding cannot be completed
prior to September 15, the graded area shall be covered with straw
and/or hay at a rate of 21/2 tons per acre by October 15. The area
shall be seeded the following spring.
(2)
Phase two. Curbs and gutters, off-street drainage,
street base, single-course stone and oil, and all other subdivision
facilities must be installed and noted deficiencies corrected in accordance
with Town standards and the Planning Board plans by October 15 of
the year in which street acceptance is requested.
[Amended 11-20-2001 by L.L. No. 8-2001; 9-5-2007 by L.L. No. 7-2007]
C.
A subdivider who does not complete the subdivision improvements set forth in Subsection B of this section by October 15 shall either comply with the requirements set forth in Subsection H or shall complete all subdivision work by October 15 of the year in which street acceptance is requested.
[Amended 11-20-2001 by L.L. No. 8-2001]
D.
If the 15th of the month falls on a weekend, the date
of completion shall be the following Monday.
E.
As-built drawings.
(1)
A reproducible Mylar and two paper copies of the as-built
drawings for each of the following construction projects shall be
submitted to the Engineering Department after the completion of the
project in conjunction with the subdivider's request for acceptance.
Separate as-built drawings shall be submitted for the sanitary sewer
system, water distribution system, storm drainage system and the street
design plan. The as-built drawings shall meet the following requirements:
(a)
The drawings shall be on sheets with an outside
edge size of 22 inches by 36 inches.
(b)
The scale of the drawings shall not be greater
than 50 feet to the inch. If more than one sheet is required, a clearly
drawn match line shall be shown on each sheet.
(c)
The title block shall have the name of the subdivision,
phase number, date, name of subdivider, licensed engineer, licensed
surveyor and respective stamps and appropriate title, i.e., sanitary
sewer utility plan, water utilities plan, storm drainage plan or street
design plan.
(2)
Sanitary sewer system. The as-built drawings of the
sanitary sewer system shall show the identification of all structures
by number, the location of all structures and miscellaneous appurtenances,
size, type of construction material and slope of pipes with invert
and top-of-cover elevations at structures to the nearest tenth of
a foot, including the recording of the location of all lateral wyes
and cleanouts with ties and depth at end of each cleanout, all in
accordance with good engineering practice.
(3)
Water distribution system. The as-built drawings of
the water distribution system shall show the size and location of
all pipes, valves, services, hydrants and miscellaneous appurtenances,
together with ties, including elevations at street intersections and
critical points throughout the system, all in accordance with good
engineering practice.
(4)
Storm drainage system. The as-built drawings of the
storm drainage system shall show the identification of all structures
by number, the location of all structures pipe size, type of construction
material and slopes of pipes with invert and top-of-cover elevations
at structures to the nearest tenth of a foot, all in accordance with
good engineering practice.
(5)
Street design plan. The as-built drawings of the street
design shall show all the pertinent design data, i.e., middle ordinates,
length of vertical curves, street grades in percent, P.V.I. locations
and elevations, etc., all in accordance with good engineering practice.
(6)
An electronic version of the as-built drawings shall
also be submitted in AutoCAD 2005 format or current format as ordered
by the Town Engineer.
[Added 9-5-2007 by L.L. No. 7-2007]
F.
Upon the satisfactory completion of all improvements
and upon submission of as-built drawings and a guaranty, the Commissioner
of Public Works will recommend to the Town Board that they accept
all improvements, release any letter of credit held to cover construction
and accept the one-year maintenance bond. Acceptance is based on a
resolution by the Town Board.
G.
Maintenance bond guaranty of streets and improvements.
At the time of the acceptance of the streets and improvements and
the release of the letter of credit a maintenance bond shall be posted
to guarantee such streets and improvements for a period of one year
from the date of acceptance. The maintenance bond shall be in an amount
equal to 10% of the construction costs of the subdivision.
H.
Noncompliance.
(1)
If for any reason the schedule set forth in this section
cannot be met, the subdivider shall notify the Town, in writing, of
such noncompliance. The notice shall contain a notarized statement
that the subdivider is prepared to provide snow removal and refuse
pickup to residences constructed in the subdivision and proof, satisfactory
to the Town Attorney, that the letter of credit has been extended
to October 30 of the subsequent year.
(2)
The Town may post, at all streets leading into the
subdivision, a sign containing the following: "No Town services provided
until street is accepted. Call the Town of Union Planning Department
for information."
A.
The subdivider is responsible for keeping Town streets
and private property free of debris and damage caused by construction
operations or by stormwater runoff from the development site. Any
damage shall be repaired immediately by the subdivider at his/her
expense. If after due notice by the Commissioner of Public Works the
subdivider does not proceed within 72 hours to make the necessary
repairs or to remove the debris caused by his/her operations, the
Commissioner of Public Works is empowered to take necessary corrective
measures, and the cost shall be paid by the subdivider.
B.
All roads within a development which are used by the
contractors or others and which are not surfaced shall be treated
with calcium chloride or other approved materials which have dust-laying
qualities.
C.
Stormwater runoff from developments under construction
shall be controlled to avoid damaging adjacent properties and streets.
Methods of providing for temporary drainage shall be approved by the
Commissioner of Public Works.
D.
All drainage facilities during construction operations
shall be cleared of lumber, debris, dirt and other material after
completion and shall be maintained in a clean and orderly condition.
