Town of Shelter Island, NY Article VIII Required Public Improvements; Inspections; Fees

§ 111-26 Required improvements and utilities.

[Amended 10-22-2010 by L.L. No. 11-2010]

A. The following improvements will be required and bonded if applicable:

(1) Street pavement.

(2) Storm drainage facilities, including landscaping and fencing of recharge basins.

(3) Street signs to conform to existing Town standards.

(4) Street trees.

(5) Bulkheading where necessary and subject to special regulations and controls.

(6) All underground wiring, including but not limited to electric, telephone and television cables.

(7) Tanks, cisterns or other fire-protection devices as specified by the Fire Commissioners.

(8) Sewage disposal facilities when specified by appropriate agencies.

B. Improvements which have been required and/or for which the subdivider has been bonded shall be constructed in accordance with Article X, Design Standards, and with the construction specifications for subdivisions as adopted by the Town Board. Said specifications shall be drawn up by the Town Engineer, and the Town Engineer and/or Superintendent of Highways shall be the enforcement officer thereof.

C. Fire-protection devices shall be installed according to the specifications of the Shelter Island Fire District, such specifications to be on file at the office of the Planning Board, the office of the Town Clerk and the Shelter Island Fire District. Upon completion of the installations, but prior to any backfilling, the subdivider shall arrange for an inspection by the Town Engineer. The subdivider shall also contact the Shelter Island Fire District after completion of the Town Engineer’s inspection but prior to the acceptance of the fire protection device by the Shelter Island Fire District, so that the District shall have an opportunity to conduct its own inspection and to perform any tests it deems necessary to confirm that the fire protection device has been installed in accordance with its specifications and is operating properly.

§ 111-27 Inspection of improvements.

A. All bonded improvements shall be inspected by the Town Engineer and Superintendent of Highways to ensure satisfactory completion.

B. At least 72 hours' notice shall be given to the Town Engineer and Superintendent of Highways prior to any major construction or installation so that a representative of the Town may be present at the time the work is performed.

C. The subdivider shall supply the Town Engineer and Superintendent of Highways with a schedule of construction indicating the beginning and completion dates of each of the following phases of work:

(1) Drainage pipe installed with other drainage structures before backfilling, and recharge basin excavation.

(2) Road subbase analysis.

(3) Placement of road base course materials.

(4) Finished roadway pavement materials.

(5) Landscaping and fencing.

D. The subdivider shall notify the Town Engineer and Superintendent of Highways, in writing, at least five days prior to the completion of each of the above phases of construction.

E. Construction testing of roadway pavement materials shall be performed in accordance with the requirements of the road and drainage standards for the Town of Shelter Island.

F. The Town Engineer shall coordinate the placement of the following improvements:

[Amended 10-22-2010 by L.L. No. 11-2010]

(1) Water mains and hydrant connections prior to backfilling.

(2) Installation of fire protection devices.

(3) Placement of underground electric, telephone or television cables.

G. A final inspection of all improvements shall be made by the Town Engineer and/or Superintendent of Highways to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings, design standards of these regulations and the construction specifications for subdivisions. The general condition of the site shall also be considered. If erosion conditions exist or it appears likely that a hazardous condition may arise, the Town Engineer and/or Superintendent of Highways may require special measures to be taken by the subdivider.

§ 111-28 Fees and deposits.

[Amended 3-8-1996 by L.L. No. 4-1996; 7-14-2000 by L.L. No. 5-2000; 12-13-2002 by L.L. No. 16-2002; 5-19-2025 by L.L. No. 3-2025[1]]

A. Application fee. Application fees for subdivision approval shall be established by resolution of the Town Board.

B. Expenses. In addition, applicants shall be liable for, and shall pay to the Town all of its expenses reasonably and necessarily incurred in connection with the application including, without limitations, all fees, costs and expenses for engineering, legal, and stenographic services, environmental and other consultant services, and all recording fees that are reasonably and necessarily incurred in connection with the application.

C. Initial deposit. The Town Board may from time to time by resolution establish and require deposits to be paid by applicants to secure the payment of the expenses required to be paid pursuant to this section. The expenses for which the applicant is responsible shall be deducted from the deposit as incurred by the Town.

D. Additional deposit. In the event, from time to time, the amount on deposit with the Town is reduced to 25% of its original amount prior to final determination of the application and receipt by the Town of all invoices for the expenses required to be paid pursuant to this section, the applicant shall deposit such additional funds as may be required to restore the amount on deposit to 50% of its original amount.

E. Refund of unused deposit. In the event that the amount of the deposit shall exceed the expenses required to be paid pursuant to this section, upon final determination of the application and receipt by the Town of all invoices for such expenses, the unused portion of the deposit shall be returned to the applicant.

[1] Editor's Note: This local law also repealed former § 111-28.1, Fees, added 12-13-2002 by L.L. No. 16-2002, which immediately followed this section.