The following requirements apply to all required
improvements approved by the Planning Board as part of the Board's
approval of a final subdivision plat unless specifically waived by
the Planning Board in accordance with the waiver provisions established
in this chapter.
[Amended 11-18-2004 by L.L. No. 15-2004]
A.
The construction of required public improvements shall not be started nor shall any existing features, such as trees, be removed or relocated until the Planning Board has granted approval of the final plat or a section thereof and the subdivider has complied with all conditions, including those set forth in Article III, § 123-13H. Construction shall not commence until a preconstruction meeting has occurred and the approved limits of clearing, conservation easements, wetlands, watercourses, and wetland controlled areas have been flagged and demarked as "protected area."
B.
No property owner with an application for subdivision
approval pending before the Planning Board may make alterations to
the land (including, but not limited to, grading, clearing, or excavating)
or any structure on the land, unless otherwise permitted by a previously
approved permit or subdivision approval, the alterations are required
to complete technical investigations in support of the subdivision
application, or until final approval of the pending subdivision application
has been granted by the Planning Board and all conditions thereto
have been met. Alterations to the land made for the purpose of permitted
technical investigations must be done with the minimum amount of disturbance
and clearing possible and require 72 hours' written notice to the
Town Code Enforcement Officer, who shall determine whether the proposed
disturbance required for the investigations is within reasonable limits
of disturbance for the purpose intended.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a security unless it is determined by the Planning Board or its
duly authorized representatives or agents that both of the following
conditions have been complied with:
A.
Status of street improvements. The improvement of
the street or streets and driveway giving access to the structure
shall have been completed in accordance with all applicable Town ordinances,
rules and regulations and to the satisfaction of the Town Highway
Superintendent and Town Engineer up to and including the following
stages:
(1)
All surface and subsurface drainage facilities are
completed except for adjusting of catch basin, drop inlet and manhole
frames, grates and covers to final grade.
(2)
Roadway subbase, base, first course of bituminous
concrete pavement, bituminous concrete curbing and sidewalks, if required,
are completed.
(3)
Roadway shoulders and slopes within the right-of-way
of streets and within all slope easements are final-graded and stabilized
with vegetative or other approved surface cover.
(4)
All driveway grading, base, pavement, drainage and
surface restoration improvements serving the structure for which the
certificate of occupancy is requested are completed.
B.
Maintenance agreements. Written agreements have been
filed providing for the maintenance of the street or streets, including
snow removal and sanding, during the period between the issuance of
the certificate of occupancy and the acceptance of the fully completed
street by the Town Board. If the street is not to be offered for dedication
to the Town, such an agreement will have been required as a condition
of Planning Board final approval. In either case, the agreement shall
be in recordable form and shall include a provision permitting the
Town, upon 24 hours' notice by telegram or shorter period if reasonably
required under the prevailing circumstances, to contract for the performance
of such maintenance for any street providing access to a building
for which a certificate of occupancy has been issued if such maintenance
has not been accomplished by the street owner to the satisfaction
of the Town Highway Superintendent. Any sums expended by the Town
for such maintenance purposes shall be borne by the owner of the street
and, if not paid within 30 days of the date of billing, shall become
a lien on property owned by him within the subdivision.
[Amended 2-16-2006 by L.L. No. 2-2006]
If, at any time before or during the construction
of the required improvements, it is demonstrated to the satisfaction
of the Planning Board that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements
or that structures or group of trees (defined as 10 to 20 trees within
an area of 500 square feet) indicated on the approved plans to remain
must be removed, the Planning Board may authorize modifications, provided
that these modifications are within the spirit and intent of the Planning
Board's approval of the final plat or section thereof and do not extend
to the waiver or substantial alteration of the function of any improvements
required by the Board. Such authorization must be received prior to
commencement of any such modifications. The Planning Board or its
duly authorized representative shall issue any authorization for modification
in writing to the subdivider and shall transmit a copy of such authorization
to the Town Board, the Building Inspector, and the Town Highway Superintendent.
[Amended 11-18-2004 by L.L. No. 15-2004]
A.
The Planning Board may designate a representative
or representatives to enforce the provisions of this chapter. Said
designated representative(s) may cause any place, premises or work
to be inspected or examined, order the cessation of any work when
any condition is found to violate this chapter and order the remedy
of any such condition. The Planning Board may institute an action
or proceeding to prevent or restrain any such work or to correct or
abate any such condition, In addition to any civil or criminal penalties
or other remedies as may be provided by law, a violation of this chapter
may be enforced by mandatory or other injunctive relief.
B.
Inspections of nonpublic improvements. The following
inspections, at a minimum, shall be performed, and no further work
shall be permitted until each inspection has been made by the Town
Engineer:
(1)
The approved limits of clearing, conservation easements,
wetlands, watercourses, and wetland controlled areas shall be flagged
and demarked as "protected area" prior to the start of any work.
(2)
After cutting of trees and brush and the installation
of sediment and erosion control measures, but prior to any stumping
and/or grading.
(3)
After restoration of all disturbed areas.
(4)
The Town Engineer shall make weekly inspections of
all stormwater best management practices and sediment and erosion
control measures and may require that corrections or improvements
be made to such best management practices to ensure continued compliance
with applicable stormwater regulations.
At least 10 days prior to commencing construction
of any required improvements, the subdivider shall notify the Planning.
Board and the Town Engineer, in writing, of the time when he proposes
to commence construction of such improvements so that the Board may
cause an inspection to be made to assure that all Town specifications
and requirements shall be met during the construction of required
improvements.
No construction of any improvements shall begin
until all required erosion and sediment control measures and facilities
have been satisfactorily installed. The Planning Board may require
the subdivider to verify through written progress reports that erosion
and sediment control measures and facilities have been performed or
installed in compliance with the approved erosion and sediment control
plan and are being correctly operated and maintained. Such progress
reports may be requested at any and all times during the construction
of all proposed improvements.
The construction of all required improvements,
except for roads and drainage, shall be observed and reviewed by a
professional engineer retained by the subdivider who, after completion
of construction, shall certify, in writing, to the Planning Board
that all such required improvements have been constructed substantially
as required and approved by the Board or as such requirements have
been modified by the Board.
If the Planning Board shall find, upon inspection,
that any of the required improvements have not been constructed in
accordance with Town specifications and the requirements of these
regulations, the Board shall notify the subdivider and, if necessary,
the subdivider's surety and take all necessary steps to preserve the
Town's rights under this chapter.
A.
The required improvements shall not be considered
complete until the installation of improvements has been approved
by the Planning Board, the Town Board and the Town Highway Superintendent
and record drawings, certified by a registered land surveyor and/or
registered professional engineer, have been submitted by the subdivider
and approved by the Planning Board showing changes from the approved
construction drawings that occurred during construction.
B.
The record drawings shall be prepared on true scale
copies on polyester drafting film (Mylar or equivalent) of the construction
drawings, and all changes shall be neatly and legibly shown thereon.
These record drawings shall show the following:
(1)
Street right-of-way lines, easements, pavement and
curbs, drainage facilities and other underground utility installations
(including but not limited to wires, cables, conduits, valve boxes,
curb boxes, manholes, catch basins, end walls, etc.), driveway curb
cuts, locations of all monuments, utility poles, center-line stationing,
horizontal curve data and the detailed layout of all central water
supply and sewage treatment facilities.
(2)
Profile(s) showing the street center line, center-line
stationing matching that shown on the drawing required under Subsection
A(1); invert elevations of all drainage structures; sizes, locations
and depths of cover of all underground piping, cables and conduits;
and all central water supply and sewage treatment facilities, including
elevations on all hydraulic control points.
(3)
Tieing measurements must be taken for future location
of all underground improvements within the rights-of-way of public
streets, except for storm drains and sanitary sewer pipes running
straight between catch basins and manholes. At least two tieing measurements
shall be taken at each location point, and such measurements shall
be taken from existing physical objects which would not be expected
to be disturbed during and after completion of construction. All measurement
points and tieing measurements shall be clearly shown on the record
drawings.
C.
If the subdivider satisfactorily completes all required
improvements prior to the signing of the subdivision plat by the appropriate
officer of the Planning Board, then said record drawings shall be
submitted prior to the signing of the plat. However, if the subdivider
elects to provide a security for some or all required improvements,
such security shall not be released until said record drawings are
submitted.
The subdivider shall provide each purchaser
of a lot with an accurate survey map certifying to the exact dimensions
of the lot and exact location of all buildings, drainage facilities,
utilities, boundary markers and easements thereon.
Upon recommendation of the Planning Board, the
Town Board may release or reduce the security in accordance with the
provisions of § 277 of the Town Law, but in no case shall
the amount be reduced to less than 50% of the face value of the security.
A.
Although this chapter authorizes and empowers public
officials, their employees and their duly designated representatives
to inspect premises and to inspect improvements being constructed
or completed and to order reconstruction of improvements where such
improvements do not conform to this chapter, nothing in this chapter
is intended to require any construction work to be performed under
the supervision, direction and control of the Town, the Planning Board,
their employees or their duly designated representatives, and none
of them shall be responsible for the means, methods, controls, techniques,
sequences or procedures of construction or for construction safety.
B.
Each subdivider making an application for approval
of a subdivision or resubdivision under the provisions of this chapter
and each and every owner of land who consents to such application
shall be deemed to agree, by making or consenting to such application,
to indemnify and hold harmless the Town, the Planning Board, their
employees and their duly designated representatives, acting within
the scope of authority vested by this chapter, from all claims, demands
and liability for any and all injuries, damages, losses and expenses
of whatever kind and nature incurred by any person or firm arising
out of or in connection with the performance, correction, reexecution,
cessation or any related delays in the work of constructing the improvements
required as part of any subdivision plat or section thereof approved
under the provisions of this chapter.
B.
The Planning Board may, at its discretion, require
preblast surveys and photographs of items such as but not limited
to driveways, walks, curbs, foundation walls, windows and swimming
pools.
C.
The Planning Board may, at its discretion, require
the subdivider and his blasting contractor to have representatives
of their insurance companies experienced in blasting operations present
on site during all blasting operations to inspect and approve of the
preblast and blasting procedures. In such cases, said representatives
shall provide written reports to the Planning Board of their inspection
and approval of the blasting operations.
All improvements proposed by the subdivider
and required by the Planning Board shall be made by the subdivider
at his expense, without reimbursement by the Town or any district
therein.
