§ 249-11. Required improvements., Chapter 249. Subdivision of Land, Part II. General Legislation, Code of Ordinances, Rotterdam

Improvements and irrevocable standby letter of credit. Before the Planning Commission grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:

(1)

In an amount set by the Planning Commission, 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 an irrevocable standby letter of credit to cover the full cost of the required improvements. Any such irrevocable standby letter of credit shall comply with the requirements of Article 16 of the Town Law and shall be satisfactory to the Town Attorney, the Town Engineer and the Superintendent of Highways 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, not to exceed three years, shall be set forth in the irrevocable standby letter of credit, within which required improvement must be completed.

(2)

The subdivider shall complete all required improvements to the satisfaction of a Town Engineer, the Town Superintendent of Highways and the Town Attorney who shall file with the Planning Commission a letter signifying the satisfactory completion of all improvements required by the Commission. For any required improvements not so completed, the subdivider shall file with the Town Clerk an irrevocable standby letter of credit covering the costs of such improvements and the cost of satisfactorily installing any improvement not approved by the Town Engineer. Any such irrevocable standby letter of credit shall be satisfactory to the Town Board and Town Engineer as to form, sufficiency, manner of execution and surety. The dedication of a street or highway for public purposes shall be made in accordance with the Town Law, the Highway Law of the State of New York and the Town Code of the Town of Rotterdam.

(3)

The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer, the Town Superintendent of Highways and the Town Attorney and a map satisfactory to the Planning Commission has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Subsection A(2), then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Commission officer. However, if the subdivider elects to provide an irrevocable standby letter of credit or certified check for required improvements as specified in Subsection A(1), such irrevocable standby letter of credit shall not be released until such a map is submitted.

(4)

In addition to the limitations imposed by Subsection A(3) above, the Planning Commission may require that any street improvement provided under Subsection A(1) is of satisfactory quality by stipulating a portion of the bond to be held until 12 months following installation of such facilities.

Modification of design of improvements. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer, the Town Superintendent of Highways and the Town Attorney that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer, the Town Superintendent of Highways and the Town Attorney may, upon the approval of the Planning Commission, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Commission's approval and do not extend to a waiver or substantial alteration of the function of any improvements required by the Commission. The Town Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Commission at its next regular meeting.

Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall notify the Town Engineer and the Town Superintendent of Highway, in writing, of the time when he proposed to commence construction of such improvements so that said officials may arrange for inspections to be made to assure that all specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Commission.

(1)

Inspection fees. The Town Engineer may designate a consulting engineer and/or additional staff personnel to facilitate inspection of all required improvements. The subdivider shall be responsible for all fees associated with inspection of required improvements. The Town Engineer shall obtain an estimate from any designated consultant in an amount sufficient to defray the costs of such services. The subdivider shall enter into an escrow agreement with the Town of Rotterdam, and said agreement shall be executed by the Rotterdam Town Supervisor, upon authorization by the Rotterdam Town Board and recommendation from the Town Engineer. The Rotterdam Town Attorney shall prescribe the terms and appropriate form of the escrow agreement. Any portion of the estimated charges so collected by escrow agreement which is not expended by the Town shall be returned to the applicant.

[Added 12-9-1992 by L.L. No. 32-1992]

Proper installation of improvements. If the Town Engineer or the Town Superintendent of Highways finds, upon inspection of the improvements performed before the expiration date of the irrevocable standby letter of credit, 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, Building Inspector/Code Enforcement Officer and Planning Commission. The Town Board then shall notify the subdivider and, if necessary, the surety and take all necessary steps to preserve the town's rights under the irrevocable standby letter of credit. No plat shall be approved by the Planning Commission as long as the subdivider is in default on a previously approved plat.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).