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]
(1) 
Grading and clearing.
(2) 
Storm drainage.
(3) 
Sanitary sewer.
(4) 
Waterline.
(5) 
Curb and gutter forms.
(6) 
Roadway: gravel subbase course.
(7) 
Roadway: two-course stone and oil.
[Amended 12-2-2009 by L.L. No. 15-2009]
(8) 
Electric, gas, telephone, cable television and other utilities.
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.