§ 174-32. Sureties.

A. 

Provisions of this section are administered as provided for in New York State Town Law § 277, as amended.

B. 

In compliance with New York State Town Law Article 16, § 277, Part 9, as may be amended, surety may be required by the Planning Board as a condition of site plan or subdivision approval in order to assure proper installation of proposed improvements, including but not limited to utilities, drainage facilities and roads.

C. 

Sureties shall be in amounts as approved by the Town Engineer or the Town Code Enforcement Officer and shall include costs, including:

(1) 

Estimated construction cost of all required improvements;

(2) 

A minimum contingency factor of 10%;

(3) 

A minimum of 6% for engineering and construction observation charges based on the project complexity and construction schedule;

(4) 

Installation of street signs and surveyor's monuments;

(5) 

Mapping; and

(6) 

Development of record drawings of installed facilities.

D. 

The form of the sureties shall comply with New York State Town Law and shall be approved by the Town Board Attorney.

E. 

After approval by the Town Engineer and Town Board Attorney, a complete description of the surety will then be provided to the Town Board who shall either accept or reject the surety.

F. 

Sureties.

[Amended 9-18-2017 by L.L. No. 19-2017]

(1) 

Sureties paid by cash or check that do not exceed $20,000 must be approved by the Town Manager prior to the issuance of building permits. Within 45 days following the date of such approval by the Town Manager, the applicant shall arrange to have the surety accepted by the Town Board. If the Town Board does not accept said surety within 45 days, any permits granted shall be revoked.

(2) 

Sureties that exceed $20,000 must be accepted by the Town Board prior to the issuance of building permits.

G. 

Inspection. All improvements covered under a performance surety must be inspected during construction. Costs of the required inspections shall be estimated by the Town Engineer and will be borne by the developer and shall be included in the initial value of the surety.

(1) 

The inspection procedure is designed to determine compliance with the approved plans.

(2) 

For inspection purposes, the contractor will notify the Town when construction will be undertaken on proposed improvements. Reasonable notice is required.

(3) 

Inspections are the responsibility of the Town Engineer, Highway and Water Superintendent, Town of Farmington Water and Sewer Superintendent and/or Town of Canandaigua Code Enforcement Officer, and other agencies as required and appropriate.

H. 

Surety default and retention.

(1) 

If the required improvements are not completely installed within the period as may be fixed or extended by the Planning Board, the Town Board may declare the surety in default and collect the amount payable thereunder. Upon receipt of such amount, the Town shall cause to install such improvements as were covered by the surety and as commensurate with the extent of building development that has taken place in the subdivision, not exceeding in cost, however, the amount collected from the surety.

(2) 

If within one year's time from the certificate of occupancy, remedial or landscaping work is incomplete, the Town shall complete said work and deduct costs from the posted sureties.

(3) 

The soil and erosion sureties will be retained until all disturbed pervious areas are 80% covered with vegetative controls (grass), at which point the escrow shall be released to the applicant.

I. 

Release of sureties. Upon completion of required improvements, the applicant may request full or partial release of sureties filed with the Town.

(1) 

The process for a release of surety will be initiated when a written request for partial or total release is submitted to the Town Development Office for approval.

(2) 

The request will then be reviewed by appropriate Town Staff or the Town Engineer and compared with the inspection record.

(3) 

Development Office staff will then forward a recommendation regarding the request to the Planning Board for their formal consideration.

(4) 

Recommendations by the Planning Board for full or partial release of funds shall be forwarded to the Town's Fiscal Officer, who, upon review, may release the specified funds.

(5) 

Approval by the Town for authorized periodic payments is not to be construed as acceptance of the work completed to date.

(6) 

Retainage shall be released only after a maintenance bond has been accepted by the Town and subject improvements have been tested and found acceptable by the Town's representatives.

Amended 3-16-2015 by L.L. No. 3-2015