[Amended 9-19-2000 by L.L. No. 1-2000]
Pursuant to § 7-730 of the Village Law, before the approval by the Board of a plat or the development of a plat entirely or partially undeveloped, the Board, in its discretion, shall require the subdivider to complete the installation, or alternatively to furnish a bond to insure the completion, of all necessary improvements stipulated in said law and required by the Board. All required improvements shall be made by the subdivider at his expense, without reimbursement by the village. The subdivider shall give to the village a written agreement, in form satisfactory to the Village Attorney, permitting entrance by the appropriate village officials and employees to the land included within the subdivision for the purposes of inspection and for the purposes of installing the required improvements in the event of the failure or default of the subdivider to make or complete such improvements as required by the Board resolution.
A. 
Approval required before construction. The subdivider shall have prepared at his expense construction plans, described in § 180-36, for all required improvements. No improvements, development or construction work of any kind shall be commenced until after said plans have been approved by the Board in accordance with these regulations and by the appropriate county or state or local agencies having jurisdiction pursuant to law and such approvals have been endorsed on said plans or drawings.
B. 
Modifications. If at any time before, during or within one year after completion of the construction of the required improvements, but prior to the release of the bond or security, the Engineer finds or it is demonstrated to his satisfaction that unforeseen conditions make it necessary to modify the location or design of such required improvements or to provide additional improvements, the Engineer may require or authorize such modifications, provided that such modifications are within the spirit and intent of the Board's approval and do not extend to the waiver or substantial alteration of the function of any improvement required by the Board. The Engineer shall issue any authorization under this subsection in writing and shall transmit a copy of such authorization to the Board for its records. In cases where the Engineer requires additional improvements having a value of $25,000, the subdivider shall be entitled to a hearing before the Board on the propriety of installing such additional improvements whereupon the Board shall decide the matter.
[Amended 9-19-2000 by L.L. No. 1-2000]
All required improvements shall be installed in accordance with approved construction plans and shall conform to the village construction standards and specifications and shall be approved by the Engineer as to design and specifications. A booklet containing the village construction standards and specifications is available at the office of the Village Clerk.
A. 
Monuments. Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as shall be required by the Engineer. The monuments shall be of such material, size and length as may be approved by the Engineer. Monuments shall be set three inches above ground surface.
B. 
Grading. All streets shall be graded, within right-of-way lines, in accordance with approved construction plans. The grading of lots shall be done only in accordance with approved construction plans. In all grading work the subdivider shall be required to proceed in such manner as will minimize any disturbance to and preserve undamaged, insofar as possible, existing trees, natural cover and soil.
C. 
Street paving. All streets shall be paved in accordance with the village construction standards and specifications heretofore referred to in § 180-23.
(1) 
Underground utilities. If placed in the street right-of-way, underground utilities required by the Board shall be placed between the paved roadway and street line, where possible, to simplify location and repair. Underground service connections to the property line of each lot shall be installed at the subdivider's expense, where the Board considers such appropriate, before the street is paved.
(2) 
Public utilities. Where utilities required by the Board are to be installed by a public utility company, the Board may accept assurance from said company, in writing, that such installation will be furnished by the company within a specified period of time and in accordance with the approved construction plans. The Board may require that all public utilities in easement areas be provided along rear lot lines.
D. 
Drainage improvements.
(1) 
Spring and surface water. The subdivider may be required by the Board to carry away any spring or surface water that may exist either previous to, or as a result of, the subdivision or development. Such drainage facilities shall be located in street rights-of-way where feasible or in perpetual unobstructed easements.
(2) 
Drainage and upstream development. A drainageway, culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision or development. The Engineer shall determine the design and necessary size of the facility based on runoff anticipated from a ten-year storm under conditions of maximum potential watershed development permitted under existing zoning therein.
(3) 
Drainage downstream. The Engineer shall also determine the effect of each proposed subdivision or development on existing downstream drainage facilities outside the subdivision or development. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a ten-year storm, the Engineer shall notify the Board and the Village Trustees of such potential. In such case, the Board may disapprove such subdivision or development until provision, satisfactory to the Engineer and the Village Trustees, has been made for the improvement of said potential condition.
(4) 
Nassau County requirements. The subdivider will be required to install such facilities for the drainage of streets as may be required by the Commissioner of Public Works of Nassau County. Any storage basins required by the Nassau County Department of Public Works and any other drainage facilities required to be installed shall be constructed and completed by the subdivider. All such drainage structures shall be maintained by the subdivider in good operating condition until such time as the bond is released.
E. 
Culverts and bridges. All required culverts and bridges, if any, shall be constructed in accordance with approved construction plans and shall conform to the standards and specifications of the village or the county or state agency having jurisdiction.
F. 
Curbs, gutters and sidewalks. Where deemed necessary and required by the Board, the subdivider shall install curbs, gutters and sidewalks or walkways in accordance with village standards and specifications.
G. 
Street trees. The Board may require the planting of new street trees in a subdivision which lacks or is deemed deficient in trees. Such trees shall be of a size and type approved by the Board and shall be planted in a manner and location prescribed by the Board.
H. 
Street signs. Street signs of a type approved by the Board shall be provided by the subdivider and placed at all intersections in locations, within street lines, approved by the Engineer.
I. 
Streetlights and fire alarm devices. Where required by the Board, streetlighting fixtures, of a design approved by the Board or other municipal agency having jurisdiction, shall be placed in a manner and location approved by the Board. The Board may require the installation of fire alarm signal devices.
J. 
Water supply and sanitary sewers. Where required by the Board, the subdivider shall install water mains and fire hydrants and/or sanitary sewers of a type and in a manner prescribed by the regulations of the agency having jurisdiction. In cases where sanitary sewerage is not available to a subdivision or development, the subdivider shall install individual sewage disposal systems in accordance with regulations of the New York State Department of Health.
K. 
Waiver of required improvements. The Board may waive, pursuant to § 7-730 of the Village Law, for such period as it may determine, the provision of any or all such improvements as in its judgment of the special circumstances of a particular plat are not requisite in the interests of the public health, safety and general welfare. In the case of any waiver granted, the Board shall enter upon its records the reason or reasons why the particular improvement is not necessary, and it shall attach appropriate conditions or require such guaranties as may be deemed necessary to protect the public interest and achieve the objectives of these regulations.
L. 
Estimated cost of improvements. The subdivider shall submit his engineer's estimate of the full cost of all required improvements to be installed by the subdivider, and the Board may request the Engineer to check the cost estimates for accuracy.
With respect to required improvements, the subdivider shall follow the procedure set forth in either Subsection A or B below, as shall be prescribed by the Board.
A. 
Completion of improvements. The subdivider shall complete all required improvements to the satisfaction of the Board before the Board signs the plat and before any building permits will be issued. The subdivider shall file with the village a bond in an amount determined by the Board to be adequate to assure the preservation of existing topographic and natural assets, pursuant to § 180-24B, as well as the satisfactory condition of the subdivision improvements for a period of one year following their completion. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency and manner of execution and to the Village Board as to surety. Such bond shall be released only by the Board of Trustees when all requirements have been satisfactorily met.
B. 
Bond.
(1) 
If the subdivider is required to post a bond to insure the completion of required improvements, he shall file with the Village Clerk a bond to cover the cost of required improvements in an amount set by the Board. Such bond shall comply with the requirements of § 7-730 of the Village Law and shall be satisfactory to the Village Attorney as to form, sufficiency and manner of execution and to the Board as to the surety.
[Amended 9-19-2000 by L.L. No. 1-2000]
(2) 
A period of one year, or such other period as the Board may deem appropriate, not to exceed three years, within which required improvements must be completed shall be set forth in the bond.
(3) 
The bond surety may be in cash or partly in cash and partly guaranteed by a surety company acceptable to the Board, but in the latter case not less than 25% shall be in cash. The cash surety shall become immediately available to the village on the date when improvements are required to be completed for application toward the completion of such required improvements as have not been completed on said date. The bond shall provide that an amount in cash, deemed adequate by the Board, shall be retained for a period of one year from the date of completion of the required improvements.
(4) 
All required improvements shall be completed to the satisfaction of the Engineer and the Board within the time stipulated in the Board's resolution. The bond shall be released only by the Board of Trustees when all required improvements have been completed to its satisfaction.
C. 
Subdivider's responsibility. If the Engineer or other authorized inspector finds, upon inspection, that any of the required improvements have not been constructed in accordance with approved construction plans and the village standards and specifications, the subdivider shall be responsible for the completion of such improvements to the satisfaction of the Board. Wherever the cost of improvements is covered by a bond, the subdivider and the bonding company shall be severally and jointly liable for completing said improvements to the satisfaction of the Board.
[Amended 9-19-2000 by L.L. No. 1-2000]
D. 
Failure to complete improvements. For subdivisions for which no bond has been posted, if the improvements are not completed within the period specified by the Board in its resolution approving the plat, the approval shall be deemed to have expired. In cases where a bond has been posted and required improvements have not been completed within the term of such bond, the Village Trustees may thereupon declare said bond to be in default.
[Amended 9-19-2000 by L.L. No. 1-2000]
A. 
General requirements. The Board shall provide for the inspection of required improvements during construction to ensure their satisfactory completion. The subdivider shall pay to the village an inspection fee in accordance with a fee schedule fixed by the Board and at such time as may be stated in its resolution. The subdivision plat shall not be signed by the Board until such fee has been paid.
B. 
Timing of inspection. In order to facilitate inspection of required improvements during construction, the subdivider shall notify the Engineer at least three days before he proceeds with each of the following stages of construction:
(1) 
Grading of streets and/or lots.
(2) 
Before backfilling of underground utilities and/or drainage facilities.
(3) 
Before paving or surface treatment.
(4) 
After completion of all improvements.
C. 
Copy of contract specifications. Prior to the start of construction of any required improvements, the subdivider shall furnish to the Engineer a copy of the specifications included in any contract entered into by the subdivider for such construction.
D. 
Supervision of construction. The construction of all required improvements shall be supervised by a registered professional engineer employed by the subdivider. After completion of construction said engineer shall certify to the Board that all required improvements have been constructed as required and approved by the Board or as such requirements have been modified under § 180-22B.
E. 
Reports. The Engineer shall make reports to the Board after each inspection. If the Engineer or his authorized inspector finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved construction plans and/or the village standards and specifications, he shall inform the subdivider and the Board in writing.
F. 
Responsibility for completion. The subdivider is solely responsible for completion of required improvements in accordance with the approved plans. See § 180-25C. In the event that the Engineer or his authorized representative is unable to carry out inspection of required improvements during construction, the subdivider and the bonding company, if any, shall not in any way be relieved of their responsibilities for satisfactory completion of required improvements.
G. 
Certificates of completion. The Board shall not give final approval of required improvements, nor recommend to the Board of Trustees the release of a bond, until the Engineer has submitted a report stating that all required improvements have been satisfactorily completed and until the subdivider's engineer or surveyor has furnished to the Engineer a certified set of record drawings, in the same detail required for construction plans described in § 180-36, showing all improvements as constructed and a statement certifying that all improvements conform to such record drawings and the standards and specifications of the agency having jurisdiction.