As an alternate to doing the required improvement
work, the applicant may furnish an acceptable undertaking secured
by cash or other surety acceptable to the Town Board, payable to the
Town of East Hampton, as a guaranty to the town that he will construct
or cause to be constructed the required improvements.
A.
Performance bond estimate. The amount of the undertaking,
secured by cash or a certified check or other acceptable surety, will
be based upon the Town Engineer's estimate of the total cost of the
required capital improvements, including but not limited to road clearing,
trail clearing, landscaping and drainage, plus a reasonable estimate
of anticipated increased construction cost during the period of the
life of the bond.
B.
Performance bond term. The performance bond shall
run for a period of no more than two years. The Planning Board may
extend the term of the bond in the public interest. When such an extension
is granted, it may be required that the performance bond estimate
be increased to take into consideration changes in construction costs
in order to carry out the required capital improvements.
At the time of release of the performance bond,
an undertaking, secured by cash or a certified check or other acceptable
surety payable to the Town of East Hampton, shall be furnished by
the applicant to guarantee workmanship, materials and maintenance
of all improvements shown on the as-built drawings for a period of
one year from the date of release of the performance bond by the town.
This surety shall be in an amount equal to the construction cost of
all improvements installed for less than one year at the time of final
inspection. Thirty days prior to the end of the one-year guaranty
period, the applicant shall request, in writing, an inspection by
the Town Engineer and the Town Superintendent of Highways to determine
any repair or maintenance work to be accomplished prior to dedication
of the subdivision roads to the town. Following the inspection, the
applicant shall accomplish all repairs and maintenance prior to acceptance
of dedication by the town. If the applicant does not choose to dedicate
the road to the Town of East Hampton, he shall accomplish the repairs
and maintenance as required by the above inspection and post a maintenance
and upkeep bond prior to the release of the guaranty bond.
A.
Where roads are not to be dedicated to the town, the
developer shall, at the time of release of the guaranty bond, present
an undertaking secured by cash or other acceptable surety for maintenance
and upkeep of said roads. This bond will be in an amount equal to
the estimated cost of all maintenance procedures as determined by
the Town Engineer or Superintendent of Highways. An inspection of
the subdivision will be made 30 days prior to the guaranty bond expiration
date. This bond will be renewable yearly to cover the cost of maintenance
and upkeep of all improvements shown on the as-built drawing, including
but not limited to:
Construction of the required public improvements
shall not begin until all final road and drainage plans have been
approved by the Town Engineer and the final plat recorded in the Suffolk
County Clerk's office, except that the Planning Board may authorize
the applicant to undertake specific, limited improvements in order
for test borings or other similar activities which must take place
before final approval is to be carried out. Clearing, grading or any
other construction activities on any part of a proposed subdivision
site not specifically so authorized shall constitute a violation of
the rules and regulations of the Planning Board. The applicant shall
provide the Planning Board with a map of the property indicating where
the limited improvements are to take place and identify the natural
features on the site. The applicant shall also receive all necessary
permits as required before test borings begin.
