Montgomery Town City Zoning Code
§ 235-16.9
Fees; requirements for construction, bonding and as-built plans.
A.
Fees for building permit and special use permits and/or site plan applications, for issuance of building permits, for certificates of occupancy and for administrative certifications shall be as provided in the Town Fee Schedule. (See Attachment 5.)
B.
Bonding.
(1)
Public improvements. A construction bond, which shall only be in the form of cash, irrevocable letter of credit or negotiable securities, shall be delivered to the Town of Montgomery. Said construction bond shall guarantee to the Town that the owner/developer of said parcel will faithfully cause to be constructed and completed, within a reasonable period of time, the required public improvements on all approved site plans and subdivisions. It is the Town's intent to supersede Town Law § 277(9)(c)(i) with this provision.
(2)
Following the granting of final approval by the Planning Board, but prior to the signing and release of final maps, the owner/developer of a parcel shall follow the procedure listed either in Subsection B(2)(a) or (b) below:
(a)
The owner/developer shall file construction bonds, as specified in Subsection B(1) above, with the Town Clerk.
[1]
The amount of the construction bonds shall be established by the Town Engineer, based upon detailed cost estimates prepared by the owner's/developer's design professional. Said amount is subject to Planning Board review, comment, and approval.
[2]
Any such construction bonds shall be satisfactory to the Town Board and the Town Attorney as to form, sufficiency, manner of execution and surety.
(b)
The owner/developer shall complete all the public and nonpublic improvements to the satisfaction of the Town Engineer.
(c)
The owner/developer may, upon request and approval, utilize a combination of Subsection B(2)(a) and (b) above [i.e., construct and have approved a portion of the public and nonpublic improvements and post construction bond(s) for the balance of the improvements prior to the issuance of a building permit].
(3)
Bonding for nonpublic improvements shall only be necessary prior to the issuance of building permits when the nonpublic improvements amount to over $500,000.
(4)
The required improvements shall not be considered to have been completed until their installation has been approved by the Town Engineer.
(5)
If construction bonds have been posted, they may only be released upon the certification of the Town Engineer and the Town Attorney that all the requirements of the bond have been satisfied.
(6)
If the Town decides at any time during the term of the construction bond that the extent of the development that has taken place is not sufficient to warrant all the improvements covered by such bond, that the required improvements have been installed in a sufficient amount to warrant a reduction in the face amount of said bond or that the character and extent of such development requires additional improvements, the Town may mandate an increase or decrease in the face value of such construction bond by any 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.
C.
Inspections; as-built plans.
(1)
Routine inspections.
(a)
All improvements will be inspected by the Town Engineer to ensure satisfactory completion. In no case shall any paving work, including prime and seal coats, be done without permission from the Town Engineer. At least five days' notice shall be given to the Town Engineer prior to any such construction so that a representative of the Town may be present at the time work is to be done. The Town Engineer shall be notified after each of the following phases of the work has been completed so that he or his representative may inspect the work:
(b)
If the Town Engineer or other duly designated representative does not carry out inspection of required improvements during construction, the applicant, the bank or company holding the construction bond shall not in any way be relieved of his or its responsibilities.
(c)
In addition to routine inspections by the Town Engineer, the applicant's engineer shall perform routine in-person inspections of the project in intervals to be determined by the Planning Board. After each inspection, the applicant's engineer shall issue a certificate to the Planning Board and Town as to the progress and completeness of work, including information as to any deviations with the operative Planning Board resolution, site plan approval and/or special use permit.
(2)
As-built plans. The applicant's engineer will prepare as-built plans of the parcel's improvements, to include the locations of waterlines, sewer lines, drainage improvements, valves, manholes, pavement widths, curbs, sidewalks and any other information the Town Engineer may request, which as-built plans shall be subject to the final approval of the Town's Engineer. In the event that the Town of Montgomery draws upon a bond or letter of credit posted by the applicant due in whole or in part to missing, incomplete or inaccurate as-built plans, said plans shall be prepared by the Town's Engineer utilizing the drawn funds.
(3)
If the Superintendent of Sewer and Water or the Town Engineer shall find or cause to have found that any of the required improvements have not been installed or constructed in accordance with the approved site plan, he shall so report to the Town Board, Planning Board, Town Clerk and Building Inspector.
(a)
Upon receipt of such notification, the Town Board shall notify the owner/developer and, if necessary, the bank or company holding the construction bond and take any and all necessary steps to preserve the Town's rights under the bond.
(b)
If the owner/developer has posted a construction bond, the Town Board shall declare said bond in default and utilize the funds to install such improvements as were covered. In no event shall the Town install improvements exceeding the dollar amount of the construction bond.
(c)
No additional plans shall be accepted or approved by the Planning Board or Building Inspector as long as the owner/developer is in default or not in compliance with a previously approved plan.
(4)
Inspection fee. The owner/developer is responsible for the payment of all inspections, as-built drawings and related costs. Initially, an inspection fee of 6.00% of the initial estimated construction cost shall be paid to the Town, prior to the time that the Chairman of the Planning Board signs the final plat or the start of any site improvement work. The initial estimated construction cost shall be reviewed and approved by the Town's Consulting Engineer prior to its acceptance by the Town.