Any subdivider who proposes to develop a major
subdivision in the Town of Milton 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 Board shall take into consideration the
prospective character, density and uses within the proposed subdivision,
whether residential, commercial or industrial.
A.
Required improvements. The Planning Board shall require the provision and installation of the following improvements in accordance with Town law, unless it shall specifically waive, in writing, any such improvements as provided in § 154-27 of this chapter:
(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)
Pedestrianways.
(5)
Streetlighting.
(6)
Curbs and gutters.
(7)
Street trees.
(8)
Water supply facilities.
(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 public cemeteries as defined by Town
Law § 291 to ensure the protection of cemeteries and burial
grounds. No subdivision shall be approved by the Planning Board which
abuts or includes a public cemetery or burial ground unless the following
is provided in the subdivision plat:
[Added 3-17-2004 by L.L. No. 1-2004[1]]
(1)
A deed of record or survey and proposed deed of the
cemetery or burial ground providing a metes and bound description
to the cemetery or burial ground and an access easement.
(2)
Public access to the cemetery or burial ground from
a public street, said access to be a minimum of 30 feet wide, unless
a separate public access exists on the property or adjoining property.
(3)
Restrictions to ensure that no structure, principal
or accessory, shall be constructed within 100 feet of the bounds of
the cemetery or burial ground.
(4)
An enclosure along the boundaries of the cemetery
or burial grounds, defining the boundaries, built of materials which
may reasonably be expected to survive 75 years. The Planning Board
shall also have the discretion to require a series of plantings within
the one-hundred-foot buffer zone to act as a visual/physical barrier
from adjoining structures and uses.
[1]
Editor's Note: This local law also redesignated
former Subsections B through E as C through F, respectively.
C.
Standards for installation. All improvements required
by the Planning Board shall be installed in accordance with standards,
specifications and procedures acceptable to the appropriate Town departments
or as provided in this chapter.
D.
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 Town Engineer that unforeseen conditions make it
necessary or preferable to modify the location or design of such required
improvements, the designated Town Engineer may, upon concurrence by
the Chairman of the Planning Board, authorize minor modifications
which are within the spirit and intent of the Planning Board'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
Board. The designated Town 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 Board for report to the
Planning Board at its next regular meeting.
E.
Inspection of improvements.
(1)
At least five days prior to commencing construction
of required improvements, the subdivider shall pay to the Town Clerk
the inspection fee required by the Town Board and shall notify the
Town Board, in writing, of the time when he proposes to commence construction
of such improvements, so that the Town Board may cause such inspection
to be made to assure that all Town specifications and required improvements
shall be met during the construction of required improvements and
to assure the satisfactory completion of improvements and utilities
as required by the Planning Board. The inspection fee shall provide
reimbursement to the Town for actual direct costs incurred for such
engineering services, not to exceed 2% of the cost of the improvements.
(2)
In order to facilitate inspection of required improvements
during construction, the applicant shall notify the designated Town
Engineer at least three business days at each of the following stages
of construction:
(3)
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 Town Engineer or
his duly authorized representative. In the case of any other improvements,
the designated Town Engineer shall inspect the work at such progressive
stages as he shall specify. The designated Town Engineer shall certify
to the Planning Board that the work was inspected by him or his duly
authorized representative and was found to be in accordance with the
approved plans and specifications.
F.
Proper installation of improvements. If the designated
Town 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 Town Board, the Zoning Enforcement Officer and the Planning
Board. The Town Board shall then notify the subdivider and, if necessary,
the bonding company and take all necessary steps to preserve the Town's
rights under the performance guaranty. No plat shall be approved by
the Planning Board as long as the subdivider is in performance default
on any previously approved plat within the Town of Milton.
A performance bond or equivalent security shall
be delivered to the Town to guarantee thereby to the Town 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 Town free
and clear of all encumbrances.
A.
Procedure. Before the Planning Board grants final approval of the final subdivision plat, the subdivider shall provide to the Clerk of the Planning Board a detailed engineer's cost estimate for all required improvements for review, shall provide concurrence by the designated Town Engineer and shall subsequently follow the procedure set forth in either Subsection A(1) or (2) herein:
(1)
Amount and term.
(a)
In any amount set by the Planning Board, the
subdivider shall either file with the Town Clerk a certified check
to cover the full cost of the required improvements, or the subdivider
shall file with the Town Clerk a performance guaranty to cover the
full cost of the required improvements. Any such performance bond
or equivalent security shall comply with the requirements of § 277
of the Town Law and, further, shall be satisfactory to the Town Board
and Town Attorney as to form, sufficiency, manner of execution and
surety. A period of one year, or such other period as the Planning
Board 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
guaranties with the Clerk of the Planning Board.
(b)
If the Planning Board 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
article and by the Planning Board 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 Board may modify
its requirements for any or all such improvements, and the 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 Board, 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 Town Engineer, who shall file
with the Planning Board a letter signifying the satisfactory completion
of all improvements required by the Planning Board. For any required
improvements not so completed, the subdivider shall file with the
Town 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 Town Engineer. Any such bond shall
be satisfactory to the Town Board and Town Attorney 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 Board.
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 Town Engineer and a map satisfactory to the Planning Board 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 Board 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 Board.
The subdivider shall file with the Town Board
a maintenance bond in an amount not less than 20% 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 Town Board. Such maintenance
bond shall be satisfactory to the Town Attorney as to form, manner
of execution and surety and in an amount satisfactory to the designated
Town Engineer. The subdivider shall additionally file a copy of said
certified check or other performance guaranty with the Clerk of the
Planning Board.
A.
Filing requirement. The subdivider shall file with
the Town Attorney a general liability insurance policy at the same
time that he files his performance guaranty. The Town Board 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. The subdivider shall
additionally file a copy of said certified check or other performance
guaranty with the Clerk of the Planning Board.
B.
Limits of coverage. The policy shall insure the Town
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 of $1,000,000 for bodily
injury and/or property damage per occurrence.
A.
Service connections. When public franchise utilities
are to be installed, the subdivider shall submit to the Planning Board
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 Board.
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.
