Any subdivider who proposes to develop a major subdivision in the City
of Amsterdam shall comply with the regulations provided in this article regarding
the posting of performance guaranties and the provision or installation of
utilities and other required improvements.
In making determinations regarding the necessity and extent of the provision
and installation of required subdivision improvements, the Planning Commission
shall take into consideration the prospective character, density and uses
within the proposed subdivision — whether residential, commercial
or light industrial.
A.
Required improvements. The Planning Commission shall require the provision and installation of the following improvements in accordance with General City Law, unless it shall specifically waive, in writing, any such improvements as provided in § 210-24 of these regulations:
(1)
Parks, playgrounds or other public open spaces of adequate
size and location for recreational purposes.
(2)
Paved streets, roadways, common driveways and driveway
aprons.
(3)
Street signs and posts.
(4)
Sidewalks and other pedestrianways.
(5)
Streetlighting.
(6)
Curbs and gutters.
(7)
Street trees.
(8)
Water mains and fire hydrants.
(9)
Sanitary sewage disposal facilities.
(10)
Storm drainage facilities.
(11)
Seeding and other means of erosion control for all lands
within the subdivision tract, including all lots, common areas and rights-of-way.
(12)
Monuments or other acceptable markers suitably placed
and installed.
B.
Standards for installation. All improvements required
by the Planning Commission shall be installed in accordance with standards,
specifications and procedures acceptable to the appropriate city departments
or as provided in these regulations.
C.
Modification of the design of improvements shown on the
approved plat. If at any time before or during construction of the required
improvements shown on the approved plat it is demonstrated to the designated
City Engineer that unforeseen conditions make it necessary or preferable to
modify the location or design of such required improvements, the designated
City Engineer may, upon concurrence of the Chairman of the Planning Commission,
authorize minor modifications which are within the spirit and intent of the
Planning Commission's approval and do not extend to constitute the waiver
or substantial alteration of the function of any of the improvements required
by the Planning Commission. The designated City Engineer shall issue any such
authorization under this provision in writing and shall transmit a copy of
such authorization to the Clerk of the Planning Commission for report to the
Planning Commission at its next regular meeting.
D.
Inspection of improvements. At least five days prior
to commencing construction of required improvements, the subdivider shall
pay to the City Clerk the inspection fee required by the Common Council and
shall notify the Common Council, in writing, of the time when he proposes
to commence construction of such improvements so that the Common Council may
cause such inspection to be made to assure that all city specifications and
requirements shall be met during the construction of required improvements
and to assure the satisfactory completion of improvements and utilities as
required by the Planning Commission. The inspection fee shall provide reimbursement
to the city for actual direct cost incurred for such engineering services,
not to exceed 2% of the cost of the improvements.
(1)
In order to facilitate inspection of required improvements
during construction, the applicant shall notify the designated City Engineer
at least three working days before reaching each of the following stages of
construction:
(2)
The applicant 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 by the designated City Engineer or his duly-authorized
representative. In the case of any other improvements, the designated City
Engineer shall inspect the work at such progressive stages as he shall specify.
The designated City Engineer shall certify to the Planning Commission that
the work was inspected by him and was found to be in accordance with the approved
plans and specifications.
E.
Proper installation of improvements. If the designated
City Engineer shall find, upon inspection of the improvements performed before
the expiration date of the performance guaranty, that any of the required
improvements have not been constructed in accordance with plans and specifications
filed by the subdivider, he shall so report to the Common Council, the Building
Inspector and the Planning Commission. The Common Council shall then notify
the subdivider and, if necessary, the bonding company and take all necessary
steps to preserve the city's rights under the performance guaranty. No
plat shall be approved by the Planning Commission as long as the subdivider
is in performance default on any previously approved plat within the City
of Amsterdam.
A performance bond or equivalent security shall be delivered to the
city to guarantee thereby to the city that the subdivider shall faithfully
cause to be constructed and completed within a reasonable time the required
improvements and convey the required lands and improvements, where applicable,
to the city free and clear of all encumbrances.
A.
Procedure. Before the Planning Commission grants final approval of the final subdivision plat, the subdivider shall provide to the Clerk of the Planning Commission a detailed engineer's cost estimate for all required improvements for review and concurrence by the designated City Engineer and shall subsequently follow the procedure set forth in either Subsection A(1) or (2) herein:
(1)
In any amount set by the Planning Commission the subdivider
shall either file with the City Clerk a certified check to cover the full
cost of the required improvements or the subdivider shall file with the City
Clerk a performance guaranty to cover the full cost of the required improvements.
Any such performance bond or equivalent security shall comply with requirements
of § 33 of the General City Law and, further, shall be satisfactory
to the Common Council and Corporation Counsel as to form, sufficiency, manner
of execution and surety. A period of one year or such other period as the
Planning Commission may determine appropriate, but not exceeding three years,
shall be set forth in the bond or equivalent security as the period within
which the required improvements must be completed. The subdivider shall additionally
file a copy of said certified check or other performance guaranty with the
Clerk of the Planning Commission. If the Planning Commission shall decide
at any time during the term of the performance guaranty that the extent of
building development that has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such performance guaranty or that
required improvements have been installed as provided in this chapter and
by the Planning Commission in sufficient amount to warrant reduction in the
face amount of said bond or that the character and extent of such development
requires additional improvements previously waived for a period stated at
the time of fixing the original terms of such bond or equivalent security,
the Planning Commission may modify its requirements for any or all such improvements
and the face value of such performance guaranty shall thereupon be reduced
or increased by an appropriate amount so that the new face value will cover
the cost in full of the amended list of improvements required by the Planning
Commission and any security deposited with the bond may be reduced or increased
proportionately.
(2)
The subdivider shall complete all required improvements
to the satisfaction of the designated City Engineer, who shall file with the
Planning Commission a letter signifying the satisfactory completion of all
improvements required by the Planning Commission. For any required improvements
not so completed, the subdivider shall file with the City Clerk a bond or
certified check covering the costs of such improvements, in addition to the
cost of satisfactorily installing any improvements not approved by the designated
City Engineer. Any such bond shall be satisfactory to the Common Council and
Corporation Counsel as to form, sufficiency, manner of execution and surety.
The subdivider shall additionally file a copy of said certified check or other
performance guaranty with the Clerk of the Planning Commission.
B.
As-built drawing required. No required improvements shall be considered to be completed until the installation of the improvements has been approved by the designated City Engineer and a map satisfactory to the Planning Commission has been submitted indicating the specific location of all underground utilities as actually installed. If the subdivider completes all required improvements according to provisions of Subsection A(2) above, then said map shall be submitted prior to endorsement of the final plat by the Planning Commission Chairman. However, if the subdivider elects to provide a performance guaranty for all required improvements as specified in Subsection A(1) above, such bond or equivalent security shall not be released until such map is submitted and deemed satisfactory by the Planning Commission.
The subdivider shall file with the Common Council a maintenance bond
in an amount not less than 10% of the cost estimate for installation of required
improvements and which shall be adequate to assure the satisfactory condition
and operation of the initial public improvements for a period of one year
following their completion and acceptance, where applicable, by the Common
Council. Such maintenance bond shall be satisfactory to the Corporation Counsel
as to form, manner of execution and surety and in an amount satisfactory to
the designated City Engineer.
A.
Filing requirement. The subdivider shall file with the
Corporation Counsel a general liability insurance policy at the same time
that he files his performance guaranty. The Common Council shall approve the
policy as to form. The policy shall be in force during the term of the performance
guaranty and shall be extended in conformance with any extension of the performance
guaranty.
B.
Limits of coverage. The policy shall insure the city
and the subdivider and shall cover all operations in the development involving
existence and maintenance of property and buildings and contracting operations
of every nature involving all public improvements. Said policy shall have
limits of liability for bodily injury and/or property damage in such amounts
as advised by the corporation counsel.
A.
Service connections. When public franchise utilities
are to be installed, the subdivider shall submit to the Planning Commission
written assurances from each public utility company that such company will
make the necessary service installations within a time limit and according
to specifications satisfactory to the Planning Commission.
B.
Easements or other releases. The final plat shall include
statements by the owner granting all necessary easements or other releases
where required for the installation of public franchise utilities.
