A. 
Prior to the approval of a final plat by the Planning Board, the applicant shall complete all of the improvements deemed necessary by the Planning Board to the satisfaction of the appropriate Town Departments and the Planning Board.
B. 
All of the required improvements shall be made by the applicant without reimbursement by the Town. Unless alternatively provided for in accordance with the provisions of New York State Town Law, said improvements shall include the following, as well as those other development improvements set forth in criteria and specifications adopted by the Planning Board:
(1) 
Streets.
(2) 
Street signs.
(3) 
Curbing and gutters.
(4) 
Terrace strips.
(5) 
Sidewalks.
(6) 
Street shade trees.
(7) 
Monuments.
(8) 
Storm drainage.
(9) 
Sanitary sewers.
(10) 
Water distribution lines and hydrants.
(11) 
Park and recreation facilities.
(12) 
Electrical, gas, telephone, television cable and utility lines.
(13) 
Plantings and ground cover.
(14) 
Driveways within rights-of-way (once the location and layout of the development on the premises is known).
C. 
The subdivider shall complete all of the required improvements to the satisfaction of the Town Director of Public Works who, upon receipt of written certification by the appropriate agency and/or authorized Town department head, shall file a letter with the Planning Board signifying the satisfactory completion of all improvements required by the Planning Board.
D. 
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Director of Public Works upon receipt of written certification by the appropriate agency and/or authorized Town department head and an as-built map satisfactory to the Planning Board has been submitted indicating the exact location of all utilities as installed. Said map shall be submitted prior to the signing of the plat by the Chairman or a designee.
E. 
After consultation with the Town Director of Public Works, the Planning Board may waive any required subdivision improvement. Such waiver may be granted by the Planning Board if an improvement is considered to be inappropriate because of the inadequacy of or lack of connecting facilities adjacent to or in close proximity to the subdivision or when such an improvement is not judged to be requisite to the public health, safety and general welfare.
A. 
As an alternative to the completion of the required improvements, the subdivider may, prior to the approval of the final plat by the Planning Board, file a certified check, irrevocable letter of credit or other security with the Town Clerk. The amount of the certified check, irrevocable letter of credit or other security shall be estimated by the developer's engineer and approved by the Town's Director of Public Works. Such security shall be sufficient to cover the full cost of the required improvements deemed necessary by the Planning Board. Any such letter of credit shall comply with the requirements of § 33 of New York State Town Law[1] and shall be satisfactory to the Planning Board and the Town Attorney as to form, sufficiency, manner of execution and surety. The Planning Board shall determine an appropriate period of time to be set forth within the security agreement (not to exceed three years) within which the required improvements shall be completed. The term of the security agreement may, however, be extended by mutual agreement of the Planning Board and the subdivider.
[1]
Editor's Note: Statutory reference cited as in original copy. Town Law § 33 sets forth the powers and duties of Assessors. See Town Law § 277, Subdivision 9, re: forms of security in the subdivision process.
B. 
If the subdivider elects to provide a certified check or letter of credit for any or all of the required improvements, such guarantee shall not be released until an as-built map satisfactory to the Planning Board has been submitted indicating the location of all underground utilities as installed. The Town Director of Public Works shall provide written certification that the improvements have been completed as required by the Planning Board.
C. 
In the event the subdivider is authorized to file the approved plat in sections, as provided herein, final plat approval may be granted and the plat shall be filed by the subdivider in the Office of the Orleans County Clerk following the installation of the required improvements or the furnishing of security to cover the costs of such improvements. The subdivider shall not be permitted to begin construction in any one section until all previously approved sections have been filed in the Office of the County Clerk and the required improvements have been installed in such prior sections or security covering the costs of such improvements has been provided therefor.
D. 
The letter of credit shall continue in full force and effect until a request is made to the Chairman for a release from the letter of credit. Once received, the Chairman shall submit the request to the Town Director of Public Works for a recommendation. The Chairman shall also forward a copy of the request to the Planning Board for its review and recommendation. Upon receipt of the Town Director of Public Works' recommendation and the response from the Planning Board, the Chairman may authorize the release of up to 90% of the total security. Prior to the Chairman approving the release of up to 90% of the security, the Town Director of Public Works shall prepare and sign a statement to the effect that the work has been completed according to plans and specifications; the work has been inspected by an engineer; and all improvements have been successfully tested. Prior to requesting the release of the final 10% by the subdivider, a maintenance bond covering two years and equal to 10% of the total cost of the improvements shall be posted and all public streets within the subdivision shall be dedicated to the Town of Albion. The Chairman may authorize the final release of said security upon the Town Clerk's receipt of the required maintenance bond.
E. 
In the event the subdivider is not in compliance with the conditions of this chapter or any other applicable Town laws, such certified check, letter of credit or other security shall be forfeited to the Town and used for the completion of the required improvements. The Town shall return any amount to the applicant that is not needed to cover any costs incurred by the Town as a result of the applicant's default.
A. 
The Town Director of Public Works shall act as agent of the Planning Board for the purpose of assuring the satisfactory completion of all improvements required by the Planning Board. The costs of such inspection shall be determined based on a fee schedule adopted by resolution of the Town Board. The applicant shall pay the Town for the costs of inspection before the final plat is signed for filing. If the Town Director of Public Works finds, upon inspection, that any of the required improvements have not been constructed in accordance with Planning Board's recommendations or the final plat construction sheet, the applicant shall be liable for the costs of completing said improvements according to the approved specifications. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat. No certificate of occupancy shall be issued by the Town Code Enforcement Office for any lots for which the subdivider is deemed to be in default.
B. 
If at any time before or during the construction of the required improvements it is demonstrated, to the satisfaction of the Town Director of Public Works, that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Director of Public Works may, upon approval by a previously designated member of the Planning Board, authorize such modifications provided that such modifications are within the spirit and intent of the Planning Board's approval and do not waive or substantially alter the function of any improvements required by the Planning Board. The Town Director of Public Works shall issue any such authorization in writing and shall transmit a copy of such authorization to the Planning Board at its next regularly scheduled meeting. The final plat construction sheets shall be modified to reflect the changes which are authorized and said final plat construction sheets, once modified, shall be made part of the subdivision file.
C. 
At least five days prior to commencing construction of the required improvements, the subdivider shall notify the Town Director of Public Works in writing of the time when the construction of such improvements is scheduled to begin. This notice will enable the Town Director of Public Works to have inspection services on site to assure that all Town specifications and requirements are met during the construction of required improvements and to assure that the improvements required by the Planning Board are satisfactorily completed.
A. 
Before the Planning Board may approve a subdivision containing residential units, the final plat shall also show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.
B. 
Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular final plat will contribute.
C. 
In the event the Planning Board makes a finding that the proposed subdivision presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located within such subdivision, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any money required by the Planning Board in lieu of land for park, playground or other recreational purposes shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.