Prior to an action by the Planning Board approving
a subdivision plat, the applicant shall be required to complete, in
accordance with the Planning Boards' decision and to the satisfaction
of the appropriate Town departments, all the streets and other improvements
specified in the action approving said plat or, as an alternative,
to file with the Town Board a bond, in an amount estimated by the
Planning Board, to secure to the Town the satisfactory construction
and installation of the uncompleted portion of the required improvements.
All required improvements shall be made by the applicant at his expense
without reimbursement by the Town or any district therein.
[Amended 8-25-2009 by L.L. No. 5-2009]
A.
The Planning Board, in its discretion, may waive the requirement
that the applicant complete and dedicate all public improvements prior
to the signing of the subdivision plat, and, as an alternative, the
applicant may post a performance bond at the time of application for
final subdivision approval in an amount estimated by the Town Engineer
and approved by the Planning Board and Town Board as sufficient to
secure to the local government the satisfactory construction, installation
and dedication of the incomplete portion of required improvements,
necessary facilities or mitigation measures, both on and off site.
The performance bond shall also secure all lot improvements on the
individual lots of the subdivision as required in these regulations.
The performance bond shall be acceptable to the Town as to source,
form, sufficiency, and manner of execution; in its sole discretion,
the Town Board may accept an irrevocable letter of credit from a banking
institution acceptable to the Town Board, cash, a certified check
drawn on a national or state bank payable on sight to the Town, or
any other obligation that is fully guaranteed as to interest and principal
having a market value at least equal to the full amount of the security
required.
B.
Such performance bond shall comply with all statutory requirements
of § 277 of the New York State Town Law and this chapter,
including the following provisions:
(1)
The performance bond estimate shall be prepared by the Town
Engineer.
(2)
The Planning Board shall review the performance bond estimate
prepared by the Town Engineer, and shall approve or modify said estimate.
(3)
The developer shall submit the performance bond to the Town
Attorney for review as to form, sufficiency and manner of execution.
(4)
The Town Attorney shall arrange to have the performance bond
placed before the Town Board for review and approval.
(5)
The Town Board shall approve or disapprove the performance bond
as presented by the Town Attorney. If the performance bond is approved,
it shall be filed with the Town Clerk, and the Town Clerk shall notify
the Planning Board, in writing, of such filing.
(6)
The Planning Board Chairman shall not sign the final subdivision
plat until notification by the Town Clerk of the filing of the performance
bond.
C.
Time frame to complete improvements. All required improvements, necessary
facilities and mitigation measures shall be completed within a reasonable
specified period of time, which shall not exceed one year from the
date of the filing of the final subdivision plat, or such other period
as the Planning Board may deem appropriate.
D.
Temporary improvement. The applicant shall build and pay for all
costs of temporary improvements required by the Planning Board and
shall maintain the same for the period specified by the Planning Board.
Prior to construction of any temporary facility or improvement, the
developer shall file with the local government a separate suitable
bond for temporary facilities, which bond shall ensure that the temporary
facilities will be properly constructed, maintained and removed.
E.
Costs of improvements. All required improvements shall be made by
the applicant, at his expense, without reimbursement by the Town of
Pawling or any improvement district therein.
F.
Failure to complete improvement. For subdivisions for which no performance
bond has been posted, if the improvements are not completed within
the period specified by the Planning Board in the resolution approving
the plat, the approval shall be deemed to have expired. In those cases
where a performance bond has been posted and required improvements
have not been installed within the terms of such performance bond,
the local government may thereupon declare the bond to be in default
and require that all the improvements be installed, regardless of
the extent of the building development at the time the bond is declared
to be in default.
G.
Extension of period specified in a performance bond. The time period
specified for the completion of all required improvements, as set
forth in the performance bond, may be extended by resolution of the
Planning Board upon request of the applicant setting forth, in detail,
the amount of work which has been completed as certified by the applicant's
engineer, reasons for failure to complete the remainder of the work
within the specified period, the maximum estimated time required to
complete the remainder of the work and the time period which is requested.
H.
Reduction of performance bond. An applicant may request, in writing,
that the Planning Board authorize a reduction in the amount of the
performance bond. Such request shall itemize the extent of required
improvements already completed, the estimated cost of improvements
remaining to be completed and the amount of the bond reduction requested.
Then, after due notice and public hearing, the Planning Board may,
if it determines that sufficient required improvements have been installed
to warrant such action, make recommendation to the Town Board that
the performance bond may be reduced by an appropriate amount so that
the new amount will cover the cost, in full, of all required improvements
remaining to be completed, and any security deposited with the bond
may similarly be reduced. Thereafter, upon approval by the Town Board,
the bond may be reduced.
I.
Modifications
of requirements. If at any time, either before or during the course
of construction of the required improvements, it is determined by
the Planning Board, based upon a report from the Town Engineer, that
unforeseen conditions make it necessary to modify the location or
design of any such improvements, the Planning Board may modify the
terms and conditions of the subdivision approval, pursuant to the
procedures specified in this chapter, so as to require such changes
as may be necessary to comply with the spirit and intent of the Planning
Board's original approval and to conform with accepted engineering
practices. If such modifications affect the scope of work covered
by a performance bond, the Planning Board may also require the necessary
modifications of such bond.
J.
Increase of performance bond. The Planning Board, based upon a report
from the Town Engineer, may increase the amount of a performance bond
that has already been posted by a developer, if, in the judgment of
the Planning Board, unforeseen circumstances have caused an appreciable
increase in the cost of labor or materials for such items covered
by said bond. Should the applicant not post the required additional
bond within 90 days, the Town may refuse to issue any further local
permits (building permits, certificates of occupancy or other documents
required from the Town) until the appropriate bond is in place.
K.
Acceptance of dedication offers. Acceptance of formal offers of dedication
of streets, public areas, easements and parks shall be by resolution
of the Town Board. 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 street, easement or park shown on said plat. The Planning
Board may require said plat to be endorsed with appropriate notes
to this effect. The review of an offer to dedicate improvements shall
be conducted by the Town Engineer and shall be based upon site inspections
and the submission of as-built plans prepared by a New-York-State-licensed
land surveyor and paid for by the developer. The Town Engineer shall
certify all improvements as complete, before any improvement is considered
for dedication.
L.
Inspections. The town may employ inspectors to act as agents of the
Planning Board for the purposes of assuring the satisfactory completion
of roads and improvements required by the Planning Board and shall
determine an amount sufficient to defray costs of inspections. The
applicant shall pay the town costs of inspection before the subdivision
plat is signed for filing. If the Planning Board or its agent finds,
upon inspection, that any of the required improvements have not been
constructed in accordance with the approved drawings, the applicant
and the bonding company will be severally and jointly liable for the
cost of completing said improvements according to specifications.
M.
Maintenance bond. At the time of the release of the performance bond,
a maintenance bond shall be furnished by the developer to guarantee
the upkeep and workmanship and materials of all required improvements,
facilities and mitigation measures, both on and off site, as may be
required by the Planning Board. Said maintenance bond shall be held
for a period of one year from the date of the release of the performance
bond, or for such period as may be determined appropriate by the Planning
Board in the case of specific improvements wherein a longer period
may be required. This bond shall be in an amount which is 20% of the
performance bond, unless otherwise specified by the Planning Board.
A.
Acceptance of escrow funds. Whenever, by reason of
the season of the year, any lot improvements required by the subdivision
regulations cannot be performed, the Code Enforcement Officer may,
nevertheless, issue a certificate of occupancy, provided that there
is no danger to health, safety or general welfare, upon accepting
a cash escrow deposit in an amount to be determined by the Town for
the cost of said improvements. The performance bond covering such
lot improvements shall remain in full force and effect.
B.
Procedures on escrow fund. All required improvements
for which escrow moneys have been accepted by the Code Enforcement
Officer at the time of issuance of a certificate of occupancy shall
be installed by the developer within a period of 270 days from the
date of deposit and issuance of the certificate of occupancy. In the
event that the improvements have not been properly installed, at the
end of the time period the Code Enforcement Officer shall give two
weeks' written notice to the developer requiring him to install the
same, and, in the event that the same are not installed properly in
the discretion of the Code Enforcement Officer, the Code Enforcement
Officer may request the governing body to authorize the local government
to proceed to contract out the work for the installation of the necessary
improvements in a sum not to exceed the amount of the escrow deposit.
At the time of the issuance of the certificate of occupancy for which
escrow moneys are being deposited with the Code Enforcement Officer,
the applicant shall obtain and file with the Code Enforcement Officer
prior to obtaining the certificate of occupancy a notarized statement
from the purchaser or purchasers of the premises authorizing the Code
Enforcement Officer to install the improvements at the end of the
nine-month period in the event that the same have not been duly installed
by the developer.
The applicant shall be required to maintain
all improvements on the individual subdivided lots and provide for
snow removal on streets and sidewalks, if required, until acceptance
of said improvements by the Town Board. If there are any certificates
of occupancy on a street not dedicated to the town, the Town may on
12 hours' notice plow the street or effect emergency repairs and charge
the same to the applicant.
The Board may accept 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 company will make the installations necessary for the
furnishing of its services within a specified time, in accordance
with the approved subdivision plat.
The extent of street improvement shall be adequate
for vehicular access by the prospective occupant and by police and
fire equipment, prior to the issuance of an occupancy permit. The
developer shall at the time of the dedication submit moneys in escrow
to the Town in a sum determined by the Town Superintendent of Highways
for the necessary final improvement of the street.
[Amended 2-14-1984 by L.L. No. 1-1984; 11-13-1984 by L.L. No.
8-1984; 6-9-1985 by L.L. No. 5-1985; 11-5-1986 by L.L. No. 3-1986; 8-9-1994 by L.L. No. 1-1994]
Subdivision applications shall be accompanied
by fees as set by resolution of the Town Board.[1]
[1]
Editor's Note: Specific fee amounts are on
file and available for inspection in the office of the Town Clerk.
