A.
Improvement to be completed.
(1)
After adoption of a resolution approving a final subdivision
plat, and before the plat is endorsed by the Planning Board Chairperson
and other duly authorized member, the subdivider shall be required
to complete, at his or her expense and without reimbursement by the
town or any special district, all street and other improvements as
shown on the approved construction plans or otherwise specified in
the resolution and to offer to dedicate same to the Town of Hurley
free and clear of all liens and encumbrances on the property and public
improvements thus dedicated.
(2)
All improvements shall be completed to the satisfaction
of the Town Engineer and approved by the Planning Board, in accordance
with the approved construction plans and the requirements of these
regulations, the town road construction standards and other specifications.
B.
Performance of improvements.
(1)
The Planning Board, at its discretion, may waive the
requirement that the subdivider complete and dedicate all public improvements
prior to the signing of the subdivision plat and may permit the subdivider
to provide a performance guaranty, such as but not limited to a performance
bond, letter of credit or other form of financial surety, at the time
of application for final subdivision approval in an amount estimated
by the Planning Board as sufficient to secure to the town the satisfactory
construction, installation maintained dedication of the incomplete
portion of required improvements. Such guaranty shall be issued pursuant
to the conditions of § 277, Subdivision 9, of the Town Law
and shall state the period within which the required improvements
must be completed, which period shall not exceed three years.
(2)
For purpose of establishing the amount of the performance
guaranty, the subdivider or his or her engineer shall submit a cost
estimate to the Town Engineer, Town Attorney and/or other agent designated
by the Planning Board, which estimated cost shall be verified by the
Town Engineer and modified as he or she may consider appropriate.
All performance bonds, letters of credit or other forms of financial
surety shall be approved by the Town Board, after review and recommendations
by the Town Attorney, as to their form, sufficiency and manner of
execution. In this regard, the Planning Board may recommend a bond
in an amount up to 120% of the estimated construction costs so as
to cover inflation and other contingencies.
C.
Failure to complete improvements.
(1)
Where a performance guaranty is not filed. If all
required improvements are not completed within the period specified
in the Planning Board resolution of approval, such approval shall
be deemed to have expired, unless, upon request of the applicant,
the period has been extended by resolution of the Planning Board.
(2)
Where a performance guaranty is filed. If all required
improvements are not completed within the term specified by the Planning
Board and set forth in the filed performance guaranty, and if no application
for the extension of such period and guaranty has been made by the
subdivider and approved by the Planning Board, the Town Board may
thereupon declare said performance guaranty to be in default and collect
the sum remaining payable thereunder and, upon receipt of the proceeds
thereof, the town shall install such improvements as are covered by
the performance guaranty and are commensurate with the extent of building
development that has taken place in the subdivision, but not exceeding
in cost the amount of such proceeds.
D.
Modification of performance guaranty.
(1)
Extension of period specified in performance guaranty.
The time period specified for the completion of all required improvements,
as set forth in the performance guaranty, may be extended only by
resolution of the Planning Board upon written request by the subdivider
setting forth, in detail, the amount of work which has been completed,
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 extension which is requested.
(2)
Reduction of amount of performance guaranty. A subdivider
may request, in writing, that the Planning Board recommend to the
Town Board the reduction in the amount of the performance guaranty.
Such request shall itemize the extent of required improvements already
completed, the estimated cost of improvements remaining to be completed
and the amount of performance guaranty reduction requested. Then,
upon recommendation of both the Planning Board and the Town Attorney,
and after due notice and public hearing, the Town Board may, if it
determines that sufficient required improvements have been installed
to warrant such action, reduce the face amount of the performance
guaranty by an appropriate amount so that the new amount will cover
up to twice the cost of the estimated cost in full of all required
improvements remaining to be completed, and any security deposited
with the performance guaranty may be reduced proportionately. In no
case shall a performance guaranty be reduced below 25% of the original
principal amount.
E.
Modification of improvements. If, at any time, either
before or during the course of construction of the required improvements,
it is determined by the Planning Board that unforeseen conditions
make it necessary to modify the location or design of any improvements,
the Board may modify the terms and conditions of the approval 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
to accepted engineering practices. If such modification affects the
scope of work covered by a performance guaranty, the Board may recommend
to the Town Board that it approve appropriate modification of such
performance guaranty.
F.
Escrow deposits with Code Enforcement Officer.
(1)
Whenever, by reason of the season of the year, any
required improvements cannot be undertaken or completed, the Code
Enforcement Officer may, nevertheless, issue a temporary certificate
of occupancy, provided that there is no danger to health, safety or
general welfare upon acceptance by the town of a cash escrow deposit
from the subdivider in an amount to be determined by the Town Engineer
and by the Highway Superintendent, for the cost of completing said
improvements. At the time of request to deposit escrow moneys with
the town and prior to the issuance of a temporary certificate of occupancy
to the subdivider, the subdivider shall obtain and file with the Code
Enforcement Officer a notarized statement from the purchaser or purchasers
of the subject property or properties, authorizing the town to install
the improvements in the event that the same have not been duly installed
by the subdivider.
(2)
Time for completion. All required improvements for
which escrow moneys have been accepted by the town at the time of
issuance of a certificate of occupancy shall be installed by the subdivider
within a period of nine months from the date of deposit and issuance
of the certificate of occupancy. In the event that said improvements
have not been properly installed at the end of said time period, the
Code Enforcement Officer shall give 14 days' written notice to the
subdivider, by certified mail, return receipt requested, requiring
him or her to install the same, and in the event that same are not
installed properly, the Code Enforcement Officer may request the Town
Board to authorize the town 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.
The Town Engineer and the Highway Superintendent,
or their respective designee(s), shall be responsible for inspecting
required improvements during construction to ensure their satisfactory
completion and, upon such completion, shall furnish the Planning Board
with a statement to that effect. If the Town Engineer or the Highway
Superintendent determines that any of the required improvements have
not been constructed in accordance with the approved plan, the subdivider
shall be responsible for properly completing said improvements. Failure
of the Town Engineer, Highway Superintendent or their designee(s)
to carry out inspections of required improvements during construction
shall not in any way relieve the subdivider of any responsibilities
related to the proper construction of such improvements.
A.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the subdivider shall notify the Town Engineer,
or his or her designee, at least three working days before reaching
each of the following stages of construction:
(2)
The subdivider shall not proceed to work on any stage
subsequent to the first stage until the work of the previous stage
has been inspected and approved. The Town Engineer, the Highway Superintendent
or their designee(s), shall inspect the work at such progressive stages
as he or she shall specify, and he or she shall certify to the Planning
Board that the work was inspected by him or her and was or was not
in accordance with the approved plans and specifications.
B.
As-built drawings necessary.
(1)
At such time as the subdivider has completed construction
of all required improvements, he or she shall furnish to the Town
Engineer three copies of as-built plans and profiles which show the
actual location of all paved streets, culverts, headwalls, drains,
manholes, catch basins, sidewalks, curbs, utility lines and equipment,
monuments, streets signs, street trees and all other required improvements,
as constructed, and all other pertinent information, such as cross
sections of the streets at intervals determined by the Town Engineer,
the culvert and drain grades, sewer grades, sidewalk and curb grades
and invert elevations at manholes. Such plans and profiles shall bear
a dated certification by a professional engineer or licensed surveyor
to the effect that the data shown thereon was installed and its location
was shown accurately on as-built drawings accurately determined by
field survey.
(2)
If the location of improvements does not, in the opinion of the Town Engineer, fully comply with the approved construction plans and specification, the Planning Board shall have the right to refuse to sign the final plat or release the bond, nor shall the Town Board accept dedication of any required improvements until either such situation is corrected to the satisfaction of the Town Engineer or the Town Planning Board formally approves of modification of improvements in accordance with § 170-30E of these regulations.
A.
Offers of cession. All streets, parks and easements
shall be indicated on the plat. In accordance with § 279
of the Town Law, the subdivider may add as part of the plat a notation,
if he or she so desires, to the effect that no offer or dedication
of such streets or park, or any of them, is made to the public. All
offers of cession to the public of all streets and parks not so marked
shall be filed with the Planning Board at the time of submission of
the final application.
B.
Petition for dedication. Upon completion of the subdivision
and the road(s), a petition in the form required by the Town Board
shall be filed by the subdivider with such Board for the acceptance
of offered streets and parks or any other reservations or easements.
C.
Acceptance by town. Acceptance of any offer of cession
of streets or parks shall rest with the Town Board. The approval by
the Planning Board of a subdivision plat shall not be deemed to constitute
nor imply the acceptance by the town of any streets, parks or other
areas shown on said plat, and the Planning Board may require the addition
of appropriate notes to this effect on the plat.
D.
Maintenance for dedicated improvements. At the time
of dedication of any required improvements, and in order to guarantee
maintenance of such improvements prior to acceptance, the Town Board
shall require the subdivider to deliver a sum of money equal to 15%
of total construction cost of all required improvements, which shall
be held in an escrow account for a period not exceeding one year.
One month prior to the end of such year, as may be extended by the
Planning Board for reasons of inclement weather or similar due cause,
the Town Engineer shall inspect all such required improvements and,
prior to the release of such maintenance account, make a report to
the Town Board regarding the condition of the dedicated improvements.
E.
Maintenance for improvements not to be dedicated.
In the event that no offer of cession to the public is made for the
streets, parks and required easements shown on the plat, there shall
be submitted with the final application, copies of agreements or other
documents providing for the suitable maintenance of such facilities
and a statement of all rights which exist with respect to each of
them. The adequacy of such documents shall be subject to the approval
of the Town Attorney.
The Planning Board may, in writing, grant waivers, subject to appropriate conditions, to the provision of any or all such improvements and requirements, in accordance with the criteria and procedures set forth in § 170-6 of these regulations.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond, unless it is determined by the Planning Board
that both of the following conditions have been complied with:
A.
Status of street improvements. The improvement of
the street or streets giving access to a structure has progressed
to a stage deemed adequate by the Planning Board to render safe all-weather
vehicular access for both routine and emergency purposes.
B.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, 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 in accordance with § 170-32 of these regulations.
