[Adopted 8-2-1983 by L.L. No. 2-1983]
The Town Board of the Town of Chester hereby determines that it is in
the best interest of the Town of Chester to require the completion of the
installation of all public improvements in all subdivisions in the Town of
Chester prior to the issuance of any building permits in subdivisions rather
than to rely upon performance bonds to ensure the installation and completion
of the public improvements. It has been the experience of the Town Board that
performance bonds do not adequately or sufficiently protect the Town of Chester,
and the Board has therefore determined to require the installation of all
public improvements prior to the issuance of building permits after the Planning
Board has granted final approval to any subdivision plat. The effect of this
article will be to supersede those provisions of the Town Law of the State
of New York which permit a subdivider to present a performance bond to the
Planning Board of the Town of Chester in lieu of completion of the required
public improvements on any subdivision plat.
Notwithstanding any contrary provision in the Town Law or the subdivision
regulations of the Town of Chester, the Planning Board shall grant final approval
and authorize the Chairman of the Planning Board to sign any approved subdivision
plat once the subdivider has complied with all requirements of state, county
and local laws, rules, statutes and regulations governing subdivision approvals.
However, and notwithstanding any contrary provisions in the Town Law or any
other state or local regulations, until all highway and other public improvements,
including but not limited to sanitary systems, water supply systems and drainage
as may be specified and required by the Planning Board to be installed in
any subdivision have been completed and the Planning Board has received written
notification of the approval of the installation of the improvements from
the Superintendent of Highways and the Town Engineer, no building permits
for structures within the subdivision shall be issued.
[Added 6-2-1992 by L.L. No. 3-1992;
amended 2-25-1993 by L.L. No. 3-1993]
In specific cases where, in the opinion of the Superintendent of Highways
and the Town Engineer, the users of the proposed road will be better served
if the required asphaltic concrete wearing (top) course installation is delayed,
the posting of an appropriate cash bond or letter of credit to cover the cost
of this top course will be permitted prior to the issuance of building permits.
Such costs will be determined by the Town Engineer. The top course shall be
completed within six months of the completion of the binder course. However,
no installation will be permitted between December 1 and April 1. Should the
expiration of the six-month time frame requiring the top course installation
fall between December 1 and April 1, an automatic extension shall be granted
to the April 30th immediately following. Thereafter, no further certificates
of occupancy shall be issued until the top course is installed to the satisfaction
of the Superintendent of Highways and Town Engineer and written notification
of such approval is received by the Building Inspector.
[Amended 6-2-1992 by L.L. No. 3-1992]
In order to inform and advise purchasers of property within any subdivision approved in accordance with this article, the Planning Board shall require that the subdivider place an appropriate note on the subdivision plat to be filed in the Orange County Clerk's office confirming the fact that no building permit for any structure to be erected on any lot in the subdivision will be issued until the installation of all improvements or appropriate cash bond for road top course installation as per § 59-3, Exceptions, has been completed and written approval of the same received from the Superintendent of Highways and the Town Engineer. In addition, the Planning Board shall require the subdivider to record a declaration in the Orange County Clerk's office setting forth substantially the same terms as contained in the legend to be placed on the file map in order to better inform and advise purchasers of lots on the map.
