[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 2-25-2020 by L.L. No. 1-2021]
A.
All applications for approval of a plat, including
lot line adjustments, and the accompanying maps, plans, documents
and data shall be received at the office of the Planning Board in
accordance with the annual submission and meeting schedule as adopted
by the Planning Board. The date of receipt by the Planning Board shall
be the date of the regular meeting scheduled at least 10 days subsequent
to such submission, provided that the Board may, by resolution, agree
to accept an application presented in less than the minimum period.
[Added 12-30-1996 by L.L. No. 10-1996]
A.
Prior to a formal submission for subdivision approval,
a prospective applicant shall request an informal discussion with
the Planning Board to review the nature and scope of a possible subdivision
of a tract of land. The preapplication review by the Planning Board
shall not constitute a formal application, and no approval or formal
action shall be granted based on such review.
B.
The informal presentation and Planning Board review
will consist of the following:
(1)
Review of the nature of the prospective subdivision
and the possible implications for the neighborhood and Town as a whole;
(2)
An initial identification of possible planning, design
and construction criteria for the subdivision; and
(3)
The procedures to be followed when formal application
is made, including types of services, plans and studies that may be
needed; the option of the submission of a sketch plan will also be
discussed.
[Added 12-30-1996 by L.L. No. 10-1996]
A.
General procedure. The provisions of the State Environmental
Quality Review Act (SEQRA) shall be complied with, as appropriate.
The Planning Board shall not render final approval of a subdivision
until such time as all SEQRA requirements have been complied with
by the applicant. The Planning Board shall review the required SEQRA
information prior to granting any approvals.
[Added 2-25-2020 by L.L. No. 1-2021]
A.
Application
and fee.
(1)
The owners of each lot affected shall submit as coapplicants a plat for consideration of the proposed lot line adjustment. Such plat shall be clearly marked "Final Subdivision Plat – Lot Line Adjustment" and shall include all the data as specified below. The plat shall, in all respects, comply with §§ 276 and 277 of the New York State Town Law and this chapter, except where a waiver may be specifically requested by the applicant and authorized in writing by the Planning Board in accordance with § 200-42 of this chapter.
(2)
Payment
of a nonrefundable application fee shall accompany each application
for approval of a lot line adjustment. The application fee shall be
in accordance with the Town of North Salem Fee Schedule.
B.
A lot
line adjustment may be approved by the Planning Board under the following
circumstances:
(1)
The
proposed lot line adjustment does not create any additional lots.
(2)
The
proposed lot line adjustment does not create any substandard lot,
or render any lot more substandard than it may presently be. Where
a legal nonconformity condition exists on any of the affected lots,
the Planning Board may encourage the applicant to remedy the nonconformance
where feasible to do so.
(3)
If
the lot line adjustment affects one or more properties subject to
a standing site development plan, conditional use and/or special permit
approval, an application(s) shall also submit an application to amend
such.
C.
Procedure
for approval of lot line adjustments.
(1)
The Planning Board shall review an application for a lot line adjustment to ensure that the proposed changes in lot boundaries are in accordance with the applicable underlying zoning district requirements and standards per Chapter 250, Zoning, of the Town of North Salem and this chapter.
(2)
A
public hearing for a lot line adjustment will not normally be required;
however, if the Planning Board has reason to believe that a public
hearing on the application is warranted or to the benefit of public
interest or welfare, a public hearing may be held according to the
standards for such as set forth in this chapter.
(3)
Approval
of a lot line adjustment shall be by written resolution of the Planning
Board and upon authorized signature on the plat. The Planning Board
shall be bound by the same default timetable and procedure with respect
to lot line adjustments as it is bound with respect to subdivisions,
in accordance with New York State Town Law § 276.
D.
Submission
requirements.
(1)
A
current survey prepared and certified by seal and original signature
of surveyor licensed in the State of New York, showing the lot line
adjustment and the entirety of all lots affected or involved.
(2)
The
plat shall show all metes and bounds of existing property lines (prior
to adjustment) and all proposed property lines (after adjustment).
Said lines shall be graphically shown and labeled to the satisfaction
of the Planning Board.
(3)
The plat shall include sufficient detail and demonstration of compliance with all applicable requirements and standards of Chapter 250, Zoning, of the Town of North Salem, including but not limited to a table showing the acreage of each lot before and after the lot line adjustment, and the difference (delta) as a result of the change.
(4)
The
plat shall show all information required for a final subdivision plat
as otherwise required by this chapter, which is relevant to the proposed
lot line adjustment, as may be determined by the Planning Board.
(5)
A
signature block for Planning Board approval, the name and address
of all property owners and applicants, tax identification numbers,
North arrow, scale, date, and title "Final Subdivision Plat –
Lot Line Adjustment."
E.
Signature
and filing.
(1)
Upon
approval of the lot line adjustment, a reproducible mylar and one
copy of the plat, as provided by the applicant, shall be signed and
seal certified by the Surveyor, the applicant and owner, the Westchester
County Health Department, and then by the Chairperson of the Planning
Board. The applicant shall then file the plat in the office of the
Westchester County Clerk within the time period for the filing of
a subdivision plat prior to its expiration as set forth below.
(2)
Within
10 days of filing, the applicant shall provide the Planning Board
with four copies of the plat certified by the office of the Westchester
County Clerk. No building permit for any lot shown on the plat shall
be issued until such certified copies of the plat are received.
(3)
Planning
Board approval of a lot line adjustment shall not be deemed an acceptance
by the Town of any road or other land shown as offered for cession
to public use or ownership.
F.
Plat
void if revised after approval. No changes, erasures, modifications,
or revisions shall be made on the plat approved for a lot line adjustment
after such approval has been given by the Planning Board. In the event
that any such plat, when recorded, contains any such changes, the
plat shall be considered null and void and the Planning Board shall
institute proceedings to have said plat stricken from the records
of the County Clerk and Town Clerk.
G.
Expiration
of approval. In accordance with §§ 276 and 278 of the
New York State Town Law, approval of a lot line adjustment Plat shall
expire 62 days after the signing of the Plat by the Chairperson of
the Planning Board unless said Plat has been duly filed in the office
of the Westchester County Clerk. Expiration of an approval shall mean
that any further action shall require submission of a new application,
payment of a new application fee, Planning Board review of all previous
findings, a new approval and signing of the Plat.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
Prior to the establishment of any plat, application
may be made to the Planning Board for sketch plan review. If a sketch
plan is submitted for review, the applicant should submit the following:
A.
Application. Application for sketch plan review of
a plat shall be made to the Planning Board in writing on forms prescribed
by the Board and signed by the applicant or applicant's lawful agent.
If the applicant is not the owner of the land to be subdivided, the
application shall also be signed by the owner or owner's lawful agent.
B.
Application fee. An application in accordance with
the Standard Schedule of Fees of the Town of North Salem, payable
to the Town of North Salem, for each lot shown on the sketch plan,
shall accompany the application. The Planning Board may, at its discretion,
determine that an application is not required for resubmission of
an application either accepted by the Board but withdrawn by the applicant
within the previous 180 days or disapproved by the Board within the
previous 180 days.
C.
Sketch plan. Ten printed copies and one digital pdf
copy of a sketch plan which contains the following information.
[Amended 2-25-2020 by L.L. No. 1-2021]
(1)
The location of the plat in the neighborhood.
(2)
The general layout of lots and streets, if any.
(3)
Existing contours at an interval of 10 feet.
(4)
The location of watercourses, water bodies, wetlands
and other major natural features.
(5)
Such additional information that the applicant feels
will enable the Planning Board to make a general planning review under
the standards of these regulations.
(6)
For major subdivisions, the following information
should also be submitted:
(a)
General requirements and provisions for sewage
disposal, water supply and drainage.
(b)
Effects upon wetlands and watercourses, and
provision for control of erosion and sedimentation.
(c)
Long-form environmental assessment form (EAF Part 1). This form is optional at this stage for major subdivisions. It is required to be submitted when a preliminary plat application is submitted for a major subdivision. A short-form environmental assessment form is acceptable for a minor subdivision, to be submitted at the time of sketch plan, or when a preliminary plat application is submitted; however, a long-form environmental assessment form is required for a minor subdivision when the site to be subdivided contains wetlands which are subject to Town or state jurisdiction.
[Added 12-30-1996 by L.L. No. 10-1996]
If a sketch plan application is submitted, the
following steps are required of the Planning Board and the applicant:
A.
Submission review. The Planning Board shall determine whether an application submitted under § 200-5 is generally complete and whether other information should be submitted by the applicant.
B.
Sketch plan review and decision. If the application
is generally complete, the Planning Board shall proceed with the review
of the sketch plan and shall approve the sketch plan with or without
modifications or disapprove it. If approved, with or without modifications,
the applicant may then proceed to the submission of a preliminary
plat.
[Amended 7-27-1993 by L.L. No. 3-1993; 12-30-1996 by L.L. No.
10-1996]
Whether or not an application for sketch plan is submitted and acted upon, application shall be made to the Planning Board for preliminary approval of the plat, and if so approved, for subsequent final approval of the plat. The applicant may request the Planning Board to accept an application for final consideration of a minor subdivision plat without preliminary plat consideration and approval. (See § 200-2 for the definition of "minor subdivision.") The Planning Board may, at its discretion, accept such final approval application for a minor subdivision plat when:
B.
The plat incorporates all of the tract from which
lots are proposed to be divided.
C.
The plat map shows all watercourses, water bodies,
wetlands and areas subject to potential flooding within the plat and
any drainage onto the plat from any existing state highway, County
road or Town street.
D.
The Board determines that sufficient information will
be provided under final plat submission procedures to make a reasonable
decision on the application.
The applicant shall submit the following:
A.
Application. Application for preliminary approval
of a plat shall be made to the Planning Board, in writing, on forms
prescribed by the Board and signed by the applicant or his lawful
agent. If the applicant is not the owner of the land to be subdivided,
the application shall also be signed by the owner or his lawful agent.
B.
Application fee. An application fee in accordance
with the Standard Schedule of Fees of the Town of North Salem, payable
to the Town of North Salem, for each lot shown on the preliminary
plat shall accompany the application. The Planning Board may, at its
discretion, determine that an application fee is not required for
resubmission of an application either accepted by the Board but withdrawn
by the applicant within the previous 180 days or disapproved by the
Board within the previous 180 days.
[Amended 7-27-1993 by L.L. No. 3-1993]
C.
Preliminary plat. Ten printed copies and one digital pdf copy of a preliminary plat, signed and certified by a New York State licensed surveyor, which meets the standards of §§ 200-36 and 200-39 shall be submitted with the application.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 2-25-2020 by L.L. No. 1-2021]
D.
Preliminary construction plans.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 2-25-2020 by L.L. No. 1-2021]
(1)
Ten printed copies and one digital pdf copy of preliminary
construction plans, signed and certified by the professional responsible
for their preparation, which shall consist of the following shall
be submitted with the application:
(2)
The material required above may be combined on a composite
set of construction plans.
E.
Soil tests. Ten copies of a report of findings and
evaluations of all seepage tests, deep test pits and borings made
on the tract.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
F.
Environmental assessment form. Ten copies of a long form environmental assessment form (EAF Part 1) in the case of a major subdivision and 10 copies of a short-form environmental assessment form in the case of a minor subdivision, except as provided in § 200-5C(6)(c).
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
G.
Design computation. Ten copies of the design computation
and data for any drainage systems, which shall comply with the permitting
requirements, standards and specifications of the Town’s regulations
for stormwater management and erosion and sediment control.[1]
[Added 3-27-2007 by L.L. No. 3-2007;
amended 12-26-2007 by L.L. No. 8-2007]
[Amended 7-27-1993 by L.L. No. 3-1993; 3-12-1996; 12-30-1996 by L.L. No.
10-1996]
The steps outlined below are required of the Planning Board and the applicant. All applications of a preliminary plat shall be subject to the administrative provisions of Article VI, particularly § 200-43, Time Limits and notices, and § 200-44, Referrals.
A.
Submission review. The Planning Board shall determine whether an application submitted under § 200-7 is complete and may request the applicant to submit a major project data report under § 200-7F and such additional information that the Board deems necessary to determine compliance with the standards of these regulations. If the Planning Board determines that the application is incomplete, the Board may, by resolution, reject it as ineligible for preliminary consideration.
B.
Planning Board notice and hearing. Upon due notice
as required by law, the Planning Board shall hold a public hearing
on the preliminary plat application. The Planning Board shall provide
the applicant with a notice of public hearing at least 13 days prior
to the public hearing, which the applicant shall publish at its own
expense in the official newspaper of the Town of North Salem at least
five days prior to the public hearing.
[Amended 2-25-2020 by L.L. No. 1-2021]
C.
Applicant notice to property owners. At least 10 days before the hearing specified in Subsection B, the applicant shall mail notice to surrounding property owners as follows:
[Amended 2-25-2020 by L.L. No. 1-2021]
(1)
Form and content. Such notice shall be on forms approved
by the Planning Board and shall include the name of the applicant,
the location of the tract or parcel of land to be platted and a brief
description or identification of the proposal and shall also specify
the date, time and place of the public hearing to be held by the Planning
Board.
(2)
Transmittal. Such notices shall be transmitted by
the United States Postal Service, certified mail return receipt requested,
to the owners of all lots in the Town which are within 500 feet of
the tract to which the plat application pertains, which owners and
their addresses shall be indicated in the current Town Assessor's
records. A list of such owners may be certified to the applicant by
the Town Assessor as final and complete for the purposes of such notice.
(3)
Certification. Prior to or at the time of the public
hearing, the applicant shall provide to the Planning Board a copy
of the required notice, a list of the owners of all lots to whom such
notice was mailed and copies of all mailing receipts.
D.
Preliminary decision. After the public hearing the
Planning Board shall approve the preliminary plat with or without
modifications or disapprove it. The grounds for any modification or
for disapproval shall be stated in the records of the Board.
E.
Expiration
of approval. Approval of a preliminary subdivision plat and construction
plans shall expire six months after the date of approval if no application
for final subdivision plat approval is submitted within such period,
except where such time limit is extended by the Planning Board for
good cause shown after a request for an extension is submitted by
the applicant to the Planning Board. Except for extraordinary circumstance,
the Planning Board will not grant extensions for a period extending
beyond 24 months after the date of approval of the preliminary subdivision
plat application.
[Added 6-28-2011 by L.L. No. 4-2011]
The applicant shall submit the following:
A.
Application. Application for final approval of a plat
shall be made to the Planning Board, in writing, on forms prescribed
by the Board and signed by the applicant or his lawful agent. If the
applicant is not the owner of the land to be subdivided, the application
shall also be signed by the owner or his lawful agent.
B.
Application fee. An application fee in accordance with the Standard Schedule of Fees of the Town of North Salem, payable to the Town of North Salem, shall accompany the application; provided, however, that an application fee is not required when the Planning Board determines that the final plat map is in substantial agreement with the preliminary plat approved under § 200-8 and the Board waives the requirement for a public hearing under § 200-10B.
[Amended 7-27-1993 by L.L. No. 3-1993]
C.
Final plat map. Ten printed copies and one digital pdf copy of a final plat map, signed and certified by a New York State licensed surveyor, which meets the standards of §§ 200-38 and 200-39 shall be submitted with the application.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 2-25-2020 by L.L. No. 1-2021]
D.
Construction plans. Ten printed copies and one digital pdf copy of final construction plans, signed and certified by the professional responsible for their preparation, which incorporate the requirements of §§ 200-37, 200-40 and 200-41 shall be submitted with the application.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996; 2-25-2020 by L.L. No. 1-2021]
E.
Additional evidence. The following additional information
shall also be submitted:
(1)
Evidence that the proposed provision for water supply
and sewage disposal has been approved by the Westchester County Department
of Health.
(2)
Evidence that plans for any street or drainage system
connecting to a state highway or County road have been submitted to
the New York State Department of Transportation or the Westchester
County Highway Department, as the case may be, and that application
for such connection has been made.
(3)
Evidence that any proposed modification of a wetland
or watercourse that is subject to regulation by the New York State
Department of Environmental Conservation or local law has been authorized
by the agency having jurisdiction.
(4)
In the event that any major regrading, cuts, fills or soil or rock removal is proposed in the plat, 10 blue-line or black-line prints of a grading plan which meet the standards of § 200-41.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(5)
Design computation and data for any drainage systems
or central water supply and sanitary sewer systems.
(6)
When construction plans and/or a grading plan are part of the submission, 10 copies of a construction program and schedule as specified in § 200-17.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
(7)
For properties within the New York City water supply
system watershed, evidence that the proposed sewage disposal system
has been approved by the New York City Department of Environmental
Protection.
[Added 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
The steps outlined below are required of the Planning Board and the applicant. All applications of a final plat shall be subject to the administrative provisions of Article VI, particularly § 200-43, Time limits and notices, and § 200-44, Referrals.
A.
Submission review. The Planning Board shall determine that the application submitted under § 200-9 is complete. If the Planning Board determines that the application is not in compliance with § 200-9, the Board may, by resolution, reject it as ineligible for final consideration. After an application has been accepted for final consideration, the Board may request the applicant to submit supplementary information that the Board deems necessary in order to make a reasonable decision on the application.
B.
Notice and hearing. Upon due notice as required by law, the Planning Board shall hold a public hearing on the final approval application; except if the Board deems the final plat map to be in substantial agreement with a preliminary plat approved under § 200-8 and modified in accordance with any requirements of such approval. If a public hearing is to be held, the Planning Board shall provide the applicant with a notice of public hearing at least 13 days prior to the public hearing, which the applicant shall publish at its own expense in the official newspaper of the Town of North Salem at least five days prior to the public hearing. At least 10 days before such hearing, the applicant shall mail notice to property owners in the same manner as specified in § 200-8C.
[Amended 2-25-2020 by L.L. No. 1-2021]
C.
Final decision. After the public hearing, if any,
the Planning Board shall, by resolution, conditionally approve, conditionally
approve with modifications or disapprove the application, or grant
final approval and authorize the endorsement of the final plat map.
Conditions of approval may include but are not limited to the following
requirements, to be met by the applicant when applicable to the particular
plat:
(1)
Presentation of the linen tracing of the final plat
map as approved, including any modifications as required by the Board,
and as intended for filing with the Westchester County Clerk, presentation
of six additional linen tracings of such final plat map for the records
of the Town; and presentation of two blue-line or black-line prints
of such map if there has been a modification thereof as a result of
final approval.
(2)
Presentation of two linen tracings of the approved
construction drawings and any grading plan, and presentation of four
additional blue-line or black-line prints of such plans if there has
been a modification thereof as a result of final approval.
(3)
Completion of all required street, drainage and other plat improvements and, within a period of time specified by the Planning Board or in lieu of such completion prior to endorsement of the final plat map, the execution of an agreement and posting of a bond to guarantee such completion (§§ 200-12 and 200-15A). The provisions of §§ 200-12 and 200-15A shall govern with respect to these alternatives.
(4)
Presentation of copies of permits from the New York
State Department of Transportation and/or Westchester County Highway
Department for any street or drainage connections to a state highway
or County road.
(5)
Presentation of conveyances for any easements either shown on the final plat map or outside the plat if supporting the drainage, water supply and sanitary sewer system for the plat (§ 200-13).
(6)
Presentation of formal offers of cession for all streets, rights-of-way and parks shown on the final plat map and proposed to be dedicated to the Town of North Salem (§ 200-13).
(7)
Presentation of evidence that final arrangements have
been made for provision and ownership of central water supply and
sewage disposal systems as approved by the Planning Board.
(9)
Presentation of payments in lieu of reservation of land for park and playground purposes (§ 200-32F).
(10)
Payment of all other outstanding fees.
D.
Expiration of final approval. Final approval of a
plat shall expire 180 days after the date of the resolution granting
final approval unless the conditions have been met and the final plat
map has been endorsed by the Secretary and authorized officer of the
Planning Board. The Planning Board may extend the time in which an
approved final plat may be endorsed if, in its opinion, such extension
is warranted by the particular circumstances thereof, for additional
periods of 90 days each.
[Amended 6-28-2011 by L.L. No. 4-2011]
The following steps are required of the Planning
Board and the applicant:
A.
Signing. Signing or endorsement of the final plat
map shall constitute final approval of the plat. The map shall be
signed by the Secretary of the Planning Board and by the officer of
the Board authorized and designated in the resolution of approval
or conditional approval and only when all conditions of approval have
been met. The date of signing shall be shown on the map by such officer.
B.
Filing. The endorsed final plat map shall be filed
or recorded in the office of the Westchester County Clerk by the applicant
within 62 days from the date of such endorsement.
[Amended 2-25-2020 by L.L. No. 1-2021]
C.
Copy of filed plat. Promptly after an endorsed final
plat map has been filed or recorded in the office of the Westchester
County Clerk, the applicant shall obtain and deliver to the office
of the Planning Board two eighteen-by-twenty-four-inch photostatic
copies of the map as filed and showing all signatures and acknowledgements
of filing. Required photostatic copies may be obtained at the office
of the Westchester County Clerk.
D.
Expiration of endorsement. The endorsement of a final
plat map shall expire within 62 days from the date of such endorsement
unless the map has been filed or recorded in the office of the Westchester
County Clerk.
[Amended 2-25-2020 by L.L. No. 1-2021]
A.
The street, drainage and other improvements required by these regulations shall be completed on or before any completion date specified by the Planning Board as a condition of final approval of the application (§ 200-10C). Upon written request by the applicant, the Planning Board may, by resolution, extend such completion date for good cause and provided that the Planning Board is satisfied that:
(1)
There is adequate evidence that the completion bond
will remain in full force and effect for the term of such extension.
(2)
Sufficient improvements have been installed to support
any existing use or development within the plat.
(3)
The construction work is proceeding in accordance
with plans as approved.
(4)
The public health and safety will not be impaired
by the extension.
B.
Otherwise, the Planning Board may, by resolution,
determine that the subdivision plat is in default and fails to conform
to the conditions of approval.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
The applicant shall provide written conveyances, in a form satisfactory to the Town Board, confirming all easements shown on the final plat map for drainage, water supply and sewage disposal facilities, conservation of natural resources and all other purposes, and any easements located outside the plat if supporting such facilities [§ 200-10C(5)]. Formal offers of cession for all streets, rights-of-way and parks shown on the final plat map and proposed to be dedicated to the Town of North Salem shall be presented by the applicant as a deed of dedication in form satisfactory to the Town Attorney [§ 200-10C(6)].
[Amended 7-27-1993 by L.L. No. 3-1993]
The applicant shall pay to the Town of North
Salem an inspection fee in accordance with the Standard Schedule of
Fees for the Town of North Salem.[1]
The following are required of the Planning Board
and the applicant:
A.
Completion bond. Plat completion bonds offered by the applicant (§ 200-10C) shall be a surety, cash or savings account bond with security acceptable to the Town Board and approved by the Town Board as to form, sufficiency and manner of execution. The bond shall be in such amount as estimated by the Planning Board to be sufficient to insure the completion of all plat improvements and shall specify completion of such improvements within a period of time fixed by the Planning Board and not exceeding two years.
B.
As-built plans. Before release of any plat completion bond or reduction in the face value thereof under Subsection C or before the approved final plat is endorsed when no bond has been posted but plat improvements have been completed, the applicant shall present construction plans and grading plans, which meet the standards of §§ 200-40 and 200-41, showing the streets, drainage and other plat improvements as-built, and also showing the location of any gas mains and underground electric and telephone utilities. In lieu of such submission, the applicant's surveyor or engineer may update and certify the linen construction plans submitted under § 200-10C(2) to show such information.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
C.
Reduction of bond. Upon written request by the applicant and presentation of as-built plans as specified in Subsection B, the Planning Board, during the term of the completion bond, may determine that street, drainage and other plat improvements required by these regulations have been installed in sufficient amount to warrant reduction in the face value of such bond, and the Planning Board, with the approval of the Town Board, may approve reduction in the face value of the bond by an appropriate amount. The Planning Board may, in its discretion, hold a duly noticed public hearing prior to considering a bond reduction.
[Amended 3-12-1996; 12-30-1996 by L.L. No. 10-1996]
D.
Maintenance bond. Before release of a plat completion
bond or before the final plat map is endorsed when no bond has been
posted but plat improvements have been completed, the applicant shall
execute an agreement and file a maintenance bond to guarantee remedy
of unforeseen deficiencies in the required street, drainage and other
plat improvements. The maintenance bond shall be a surety, cash or
savings account bond with security acceptable to the Town Board and
approved by the Town Board as to form, sufficiency and manner of execution.
The bond shall be in such amount as estimated by the Planning Board
to be sufficient to insure the remedy of unforeseen deficiencies and
shall run for a period of three years.
