[Amended 7-12-1966]

A.performance bond and cash deposit are posted by the subdivider to guarantee to the Town that he will faithfully construct or cause to be constructed the required public improvements and utilities which were an integral part of his approved final plat and, further, that the construction shall be completed within a reasonable period of time.

A. A performance bond estimate, on a form developed by the Town Engineer, will be prepared by the Town Engineer and by the Director of the Traffic Safety Department for street signs, streetlights, traffic signals, pavement markings and such other related traffic control devices. [Amended 6-10-1975; 11-24-1981; 3-13-2007]

B. The Planning Board will pass a resolution either approving or adjusting the performance bond estimate and shall provide three copies signed by the Chairman for the use of the subdivider in obtaining and posting a bond.

C. The subdivider shall present a performance bond executed on the standard performance bond, Form F-609, three copies, with signed copies of the performance bond estimate attached, to the Town Attorney, at least one week prior to any Town Board meeting, for approval as to form and sufficiency by the Town Board at such meeting. A certified check in the amount of the cash deposit and payable to the Town of Smithtown shall be submitted to the Planning Department. The amount of the certified check shall be determined as follows: $500 per building lot. The performance bond is to be in the same amount as the performance bond estimate, less the amount of the certified check as stated aforesaid. [Amended 12-22-1981; 1-25-1983; 3-13-2007]

D. The Town Attorney shall notify the Town Clerk prior to the Town Board meeting that the performance bond and cash deposit can be added to the agenda.

E. The Town Board shall approve or disapprove the performance bond and cash deposit as presented by the Town Attorney. If approved, the cash deposit is to be forwarded to the Town Comptroller, to be deposited in a Town of Smithtown trust account set up for this purpose, and one copy of the performance bond is to be forwarded to the Town Clerk for his records, and one copy will be forwarded, along with the Town Board resolution of approval, to the Planning Board.

F. The Chairman of the Planning Board shall receive the Town Board resolution approving the performance bond and cash deposit prior to signing any final plat.

G. After completing the construction of the public improvements covered by the performance bond and cash deposit and prior to the termination of the bond and cash deposit period, the subdivider shall prepare a set of the approved public improvement plans, drainage plans and profiles (lithoprints on vellum), amended to indicate as-constructed information, and forward it to the Town Engineer. Further, the developer shall forward to the Town Attorney an original and two copies of papers dedicating the public improvements, granting of easements, etc., [§ 248-13A(9)] for his subdivision. Upon the Town Attorney's approval of the form of the dedication papers and easements, the Town Engineer and the Town Highway Superintendent shall, within 90 days after such approval, jointly prepare a report to the Town Board, with a copy of it to the Planning Board, on the condition of the work and recommend whether the performance bond and cash deposit shall be released or not. If winter weather conditions prohibited the inspection and the written report, the ninety-day period may be extended for an additional 60 days by the Town Board. When, in the Town Engineer's and Town Highway Superintendent's opinion, an extension of the bond is warranted, they shall make a recommendation to that effect to the Planning Board, with a copy thereof to the Town Board. [Amended 4-23-1968]

H. Completion of public improvements; cost. [Amended 4-23-1968]

(1) In the event that the public improvements covered by the performance bond and cash deposit have not been constructed to the satisfaction of the Town Engineer and Town Highway Superintendent, they shall forward, within 30 days of the inspection, a written report jointly signed by representatives of their departments to the subdivider, giving him a period of six months or less within which time he has to complete said public improvements to their satisfaction. If, upon the expiration of this period, the public improvements have still not been completed to the satisfaction of said Town Engineer and Town Highway Superintendent, or additional items are uncovered which are incomplete, a second written report will be sent to the subdivider wherein he will be given 45 days or less to complete the enumerated items. If, at the expiration of the second period, the public improvements still have not been completed to the satisfaction of the Town Engineer and Town Highway Superintendent as stated aforesaid, then the Town Board may declare the performance bond and cash deposit in default.

(2) If the cost of completing the public improvements is less than that of the cash deposit, the Town Board may utilize the moneys deposited by the subdivider in the Town of Smithtown trust account set up for this purpose. At the Town Board's discretion, the actual work completing the public improvements may be performed by one of the Town's departments or by an outsider selected by public bid. Should the cost of completion be less than that of the cash deposit, then the remaining balance is to be returned to the subdivider upon the Town Board's final acceptance of dedication of the public improvements in the subdivision and the release of the performance bond.

(3) In the event that the cost of completion of the public improvements is equal to or in excess of that of the cash deposit, the Town Board may utilize the moneys deposited in the trust account set up for this purpose, as well as declare the performance bond in default. Further, should plans and specifications be required to ascertain the cost of placing the completion of the public improvements out for bid, the cost of preparing said plans and specifications may be made out of the cash deposit.

I. The Planning Board can act to extend the term of the performance bond and cash deposit in appropriate cases where such action would not be contrary to the intent of this regulation.

J. The Town Board shall act on the release of, on the effectuation of Subsection H above or on the declaration of default of the performance bond and cash deposit, provided that neither of the latter two eventualities are brought into effect prior to the expiration date, or any extension thereof, of said performance bond and cash deposit.

A. The cash deposit shall run concurrently with the performance bond, and neither can be released without a Town Board resolution to this effect.

B. Performance bonds and cash deposits shall have a minimum term of two years.

C. Upon petition to the Planning Board and after a duly advertised public hearing upon said petition, said Board may consider the extension of the performance period of a performance bond upon the petitioner's proof of necessity or unusual or extenuating circumstances. [Amended 6-13-1967]

D. Each petition shall be accompanied by a filing fee of $125 along with whatever supporting papers, documents, maps or other material may be needed to support the petition. [Added 6-13-1967; amended 11-24-1981; 1-10-1989; 7-9-1991]

[Amended 8-8-1972]

A. Prior to the release of a performance bond and related cash deposit, the subdivider shall offer the Town a growth and life bond and/or cash deposit to guarantee the life and growth of all street tree plantings and recharge basin plantings installed within the subdivision section.

B. The amount of the growth and life bond and/or cash deposit shall be determined by the Engineering Department. Amounts up to $1,500 shall be presented to the Town in the form of cash or certified check, for deposit into an escrow account bearing the name of the filed map. Where the amount of the growth-and-life bond and/or cash deposit exceeds $1,500, the first $1,000 shall be in the form of cash or certified check for deposit in the aforementioned escrow account, and the balance may be offered either as part of the required cash deposit or certified check or as a growth-and-life bond in a form which is acceptable to the Town Attorney.

C. The term of the cash deposit and/or growth and life bond shall be a minimum of 10 months and shall bear the expiration date of October 31 of the year following the year in which the cash deposit and/or growth and life bond are posted.

D. The Engineering Department shall conduct an inspection 30 to 60 days prior to the expiration date of the growth and life bond and/or cash deposit. In the event that any of the street tree recharge basin plantings covered by the growth and life bond and/or cash deposit require replacement, the Engineering Department shall forward a report to the developer. The subdivider shall have 45 days from the expiration date of the growth and life bond and/or cash deposit to replace all dead or missing plantings required by the report. If, at the expiration of the forty-five-day planting period, the plantings have still not been satisfactorily completed, the Town Board shall declare the growth and life bond and/or cash deposit to be in default.

E. If the cost of completing the required plantings is equal to or less than the amount of the cash deposit, the Town Board may utilize the moneys deposited by the subdivider in the Town of Smithtown trust account set up for this purpose to obtain the necessary replacements. At the Town Board's discretion, the actual work of completing the street tree and/or recharge basin plantings may be performed by one of the Town's departments or by an outside contractor selected by public bid. Should the cost of completion be less than the cash deposit, then the remaining balance is to be returned to the subdivider upon the Town Board's final acceptance of the required plantings. The growth and life bond, if any, will also be released.

F. In the event that the cost of completion of the required plantings is in excess of the cash deposit, the Town Board may utilize the moneys deposited in the trust account set up for this purpose to obtain the necessary replacements, as well as declare the growth and life bond in default. Further, should plans and specifications be required in order to put the work out to public bid, the cost of preparing said plans and specifications will be charged to the cash deposit.

G. The Town Board can act to extend the term of the growth and life bond and/or cash deposit in appropriate cases where such action would not be contrary to the intent of this regulation.

H. The Town Board shall act on the release of, on the effectuation of Subsections D, E and F above, or on the declaration of default of, the growth and life bond and/or cash deposit, provided that neither of the latter two eventualities are brought into effect prior to the expiration date or any extension thereof of said growth and life bond and/or cash deposit.

I. A cash deposit shall run concurrently with the growth and life bond, and neither can be released without a Town Board resolution to that effect.

J. Where required by the Superintendent of Highways or the Town Engineer, the subdivider shall provide a maintenance bond to guarantee the cleanliness, for a period of one year, of the recharge basin required to be installed by the original performance bond estimate. This bond shall be presented prior to the release of the performance bond and cash deposit.