A.
Improvements to be completed.
(1)
After adoption of a resolution approving a final subdivision
plat, and before the plat is endorsed by the Planning Board Chairman
and other duly authorized members, the subdivider shall be required
to complete, at his 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 Esopus 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 Engineer for the Planning Board 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 guarantee in lieu 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 guarantee, such as but not limited to a 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 and maintained dedication of the incomplete portion of
required improvements. Such guarantee shall be issued pursuant to
the conditions of § 277(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
guarantee, the subdivider or his engineer shall submit a cost estimate
to the Engineer for the Planning Board, Town Attorney and/or other
agent designated by the Planning Board, which estimated cost shall
be verified by the Engineer for the Planning Board and modified as
he may consider appropriate. All 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 guarantee 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 guarantee is filed. If all required
improvements are not completed within the term specified by the Planning
Board and set forth in the filed performance guarantee, and if no
application for the extension of such period and guarantee has been
made by the subdivider and approved by the Planning Board, the Town
Board may thereupon declare said performance guarantee 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 guarantee 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 guarantee.
(1)
Extension of period specified in performance guarantee.
The time period specified for the completion of all required improvements,
as set forth in the performance guarantee, 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 guarantee. A subdivider
may request, in writing, that the Planning Board recommend to the
Town Board the reduction in the amount of the performance guarantee.
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 guarantee 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
guarantee 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 guarantee may be reduced proportionately. In
no case shall a performance guarantee 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 guarantee, the Board may recommend
to the Town Board that it approve appropriate modification of such
performance guarantee.
F.
Escrow deposits with Building Inspector when performance
guarantee is not provided.
(1)
Whenever, by reason of the season of the year, any
required improvements cannot be undertaken or completed, the Building
Inspector may, nevertheless, issue a temporary certificate of occupancy,
provided 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 Engineer for the Planning Board
and by the Highway Superintendent, for the cost of completing said
improvements. At the time of request to deposit escrow monies 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 Building
Inspector 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 monies 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. ln the event that said improvements
have not been properly installed at the end of said time period, the
Building Inspector shall give 14 days' written notice to the subdivider,
by certified mail, return receipt requested, requiring him to install
same, and, in the event that same are not installed properly, the
Building Inspector 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.
A.
The applicant's engineer shall be responsible for
inspecting required improvements during construction to insure their
satisfactory completion and, upon such completion, shall furnish the
Planning Board with a statement by a licensed professional engineer
to that effect. If the Engineer for the Planning Board 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 Engineer for the Planning Board, 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.
B.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the subdivider shall notify the Engineer for
the Planning Board, or his designee, at least three working days before
reaching each of the following stages of construction:
(2)
The Engineer for the Planning Board, the Highway Superintendent,
or their designee(s), may inspect the work at such progressive stages
as deemed necessary and report to the Planning Board that the work
was inspected and was, or was not, in accordance with the approved
plans and specifications.
C.
As-built drawings necessary.
(1)
At such time as the subdivider has completed construction
of all required improvements, he shall furnish to the Engineer for
the Planning Board 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
Engineer for the Planning Board, 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 Engineer for the Planning Board, fully comply with the approved construction plans and specifications, the Planning Board shall have the right to refuse to sign the final plat or release the bond or other security, nor shall the Town Board accept dedication of any required improvements until either such situation is corrected to the satisfaction of the Engineer for the Planning Board or the Town Planning Board formally approves of modification of improvements in accordance with § 107-31E 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 plats notation,
if he 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 Engineer for the Planning Board 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 § 107-7 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 § 107-33 of these regulations.
