As used in this article, the following terms
shall have the meanings indicated:
DEFAULT
A declaration by the Town Board at any time subsequent to
the expiration of the term of a performance or maintenance bond that
the development of the subdivision has advanced to a stage where the
public improvements shall be completed forthwith.
FULL COST
Full cost of completing public improvements shall include,
without limitation, the cost of preparation and review of plans, reports,
specifications and documents, the cost of enforcement of performance
or maintenance bonds and/or the obligation of owners to complete the
public improvements, and the cost of municipal compliance with prevailing
wage and bidding requirements.
OWNER
The person or entity which undertakes to subdivide land and
whose responsibility it is to properly complete public improvements
in subdivisions. The term "owner" shall include the terms "principal"
and "subdivider" and "developer" and the term "coprincipal" as used
in a performance or maintenance bond.
MAINTENANCE BOND
A bond, collateral to the principal obligation of the owner,
to secure or guarantee the proper maintenance of public improvements
in a subdivision, which bond remains in full force and effect for
a period of time after completion of said improvements or the bond
is released by resolution of the Town Board with the concurrence of
the Planning Board.
PERFORMANCE BOND
A bond, collateral to the principal obligation of the owner,
to secure or guarantee the proper completion of public improvements
in a subdivision, which bond remains in full force and effect until
all public improvements are complete, the subdivision is abandoned
without the sale of lots or the bond is released by resolution of
the Town Board with the concurrence of the Planning Board.
PUBLIC IMPROVEMENTS
Those improvements which are to be used in common by residents
of the subdivision or by the public whether or not such improvements
are offered for dedication. Public improvements shall include, without
limitation, improvements referenced in Town Law, improvements depicted
or referenced on the plat, improvements required by law, code, ordinance,
rule or regulation and improvements agreed to by the owner.
TERM
The term of a performance or maintenance bond is the period
during which the municipality may not declare a default.
[Amended 7-9-1990 by L.L. No. 2-1990]
A. Prior to the final approval of any subdivision plat
or section thereof, the owner shall either complete all public improvements
within the subdivision or section, respectively, or post a performance
bond in an amount sufficient to cover the full cost of completing
the said public improvements which are not completed. No building
permit shall be issued in a subdivision or section thereof prior to
final approval of the respective plat or section.
B. Where a subdivision is approved in sections pursuant to Article
III of this chapter, the performance bond amount shall be sufficient to cover the full cost of all public improvements and of other improvements and/or requirements relating to said section(s) imposed by the Planning Board pursuant to § 290-19B of this chapter.
Prior to the acceptance of any public improvement,
the owner shall post a maintenance bond in an amount sufficient to
cover the cost of maintaining, repairing or replacing public improvements
which are improperly installed, defective in design or otherwise unsuitable
for the purposes intended.
[Amended 7-9-1990 by L.L. No. 2-1990; 8-13-1990 by L.L. No.
3-1990]
All performance and maintenance bonds posted
subsequent to the effective date of this article shall be in a standard
form approved by the Town Board. The Town Board, with the advice of
the Attorney, shall from time to time adopt, by resolution, standard
form bonds of the following types:
A. Irrevocable letter of credit.
[Amended 8-13-1990 by L.L. No. 3-1990]
No performance or maintenance bond, nor any
increase or reduction thereof, shall be deemed approved until the
following are entered into the minutes of the Town Board:
A. Approval by the Planning Board of the bond amount
or the increase or reduction of such amount.
B. Approval by the attorney of the form, sufficiency
and execution of the bond, or of the form, sufficiency and execution
of the increase or reduction thereof.
C. Approval by the Town Board of the security or surety.
The Town Board may in particular cases require a particular form of
bond.
D. Certification by the owner's engineer that the amount
of the bond would be sufficient to fully compensate the municipality
for the cost of constructing all required improvements, including
the costs of competitive bidding and compliance with public works
laws.
Estimates of performance and maintenance bond
amounts shall be based upon the full cost of properly completing the
public improvements. Allowance shall be made for the cost of compliance
with bidding and public works laws and for the expense of enforcement
of the bond. Underestimation of the bond amount shall not estop the
Town of Blooming Grove in an action against the owner on the obligation
to complete the improvements.
[Amended 8-13-1990 by L.L. No. 3-1990]
If the full cost of completion of the public
improvements by the Town of Blooming Grove is less than the amount
of the bond paid over to the Town of Blooming Grove, the monies not
expended shall be returned to the owner.
[Amended 2-11-1991 by L.L. No. 1-1991]
This article shall be applicable to all subdivisions
hereafter approved and to all subdivisions which have been heretofore
approved but in which public improvements have not been completed
pursuant to the terms of this article, except that provisions of this
article which are determined to be inconsistent with Town Law § 277
shall be applicable to subdivisions heretofore approved three years
after the effective date of this article.
The duties of the Town of Blooming Grove, its
officers, agents and employees pursuant to this article are general
duties of the Town of Blooming Grove to protect the public health,
safety and welfare. No person is authorized to create or imply a special
relationship pursuant to this article.