In order that the Village has the assurance that the construction and installation of such improvements as storm sewer, public water supply, sewage disposal, street signs, sidewalks and street surfacing will be constructed, the subdivider shall enter into one of the following agreements with the Village:
Construct all improvements directly affecting the subdivision as required by this chapter and by the Planning Board, prior to final approval of the plat.
In lieu of the completion of the improvements, furnish bond executed by a surety company equal to the cost of construction of such improvements as shown on the plans and based on an estimate furnished by the applicant and approved by the Planning Board. Costs should be considered as future costs.
In lieu of the completion of improvements, deposit a certified check in sufficient amount equal to the cost of current construction of such improvements as shown on the plans and based on the above estimate. Interest income shall offset inflated costs.
Before the final plat is approved, the developer shall have executed a subdivider contract with the Village and a performance bond or certified check shall have been deposited covering the estimated cost of the required improvements that have been designated by the Planning Board.
The performance bond or certified check shall be to the Village and shall provide that the subdivider, his heirs, successors and assigns, their agent or servants, will comply with all applicable terms, conditions, provisions and requirements of this chapter and will faithfully perform and complete the work of constructing and installing such facilities or improvements in accordance with such laws and regulations.
Any such bond shall require the approval of the Village Board and the Village Attorney as to form, sufficiency, manner of execution and surety.
Wherever a certified check is made, the same shall be made payable to the Village of Carthage.
The construction or installation of any improvements or facilities, other than streets, for which guarantee has been made by the subdivider in the form of a bond or certified check deposit, shall be completed within one year from the date of approval of the final plat. Street improvements shall be completed within two years from the date of approval of the final plat.
The subdivider may request an extension of time, provided that he can show reasonable cause for inability to perform said improvements within the required time. The extension shall not exceed six months, at the end of which time the Village may use as much of the bond or check deposit to construct the improvements as necessary. The same shall apply whenever construction of improvements is not performed in accordance with applicable standards and specifications.
When a certified check or performance bond is made pursuant to the preceding sections, the Village and subdivider shall enter into a written agreement itemizing the schedule of improvements in sequence, with the cost opposite each phase of construction or installation, provided that each cost as listed may be repaid to the subdivider upon completion and approval after inspection of such improvement or installation. However, 10% of the check deposit or performance bond shall not be repaid to the subdivider until one year following the completion, inspection and acceptance by the Village of all construction and installation covered by the check deposit or performance bond as outlined in the subdivider's contract.
Periodic inspections during the installation of improvements shall be made by the Subdivision Inspector to ensure conformity with the approved plans and specifications as contained in the subdivider's contract and this chapter.
The subdivider shall notify the Subdivision Inspector when each phase of improvements is ready for inspection.
At least five days prior to commencing construction of required improvements, the subdivider shall pay to the Village Clerk the inspection fee required by the Village Board.
Upon acceptable completion of installation and improvement, the Planning Board shall issue a letter to the subdivider or his representative, and such letter shall be sufficient evidence for the release by the Village of the portion of the performance bond or certified deposit as designated in the subdivider's contract to cover the cost of such completed work.
All tenets of the New York State Building Code shall prevail.
When the Subdivision Inspector, following final inspection of the subdivision, certifies to the Planning Board and the Village Board that all installation and improvements have been completed in accordance with the subdivider's contract, the Village Board may, by resolution, proceed to accept the facilities for which bond has been posted or check deposited.
Any violation of this chapter is an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $750 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
The Village Board may institute any appropriate action or proceedings to prevent unlawful division of land, to restrain, correct or abate any violation of this chapter, or to prevent the use or occupancy of said land; and upon the refusal of the Village Board to institute any such appropriate action or proceeding for a period of ten days after written request by a resident taxpayer of the Village so to proceed, any three taxpayers of the Village residing in the zoning district wherein the violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such Village Board is authorized to do.
If any clause, sentence, subsection, section, or article of this chapter be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, subdivision, section, or article thereof directly involved in the controversy in which said judgment shall have been rendered.
This chapter shall take effect upon filing in the office of the Secretary of State and upon filing in the office of the Village Clerk.