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,
may require the subdivider either to complete the installation or
alternatively to furnish a performance bond to ensure 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. Simultaneously
with the application for approval of the subdivision plat, the subdivider
shall file with the Clerk a written agreement in form and execution
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 §
185-48, 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 this chapter 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 or during the
construction of the required improvements 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 upon written request of the subdivider,
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 section in writing
and shall transmit a copy of such authorization to the Board for its
records.
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 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 two 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 Construction Standards and Specifications.
D. 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.
E. 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. Electric light
and telephone wires along and across streets shall be underground.
The Board may require that utilities in easement areas be located
along rear lot lines.
A. 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.
B. 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.
C. 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 Board of Trustees of such potential. In such case,
the Board may disapprove such subdivision or development until provision,
satisfactory to the Engineer and the Board of Trustees, has been made
for the improvement of said potential condition.
D. 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
and by the Engineer. 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
prior to this installation of any other improvements required on the
plat. All such drainage structures shall be maintained by the subdivider
in good operating condition until such time as the bond is released.
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.
Where deemed necessary and required by the Board,
the subdivider shall install curbs, gutters and sidewalks or walkways
in accordance with the Construction Standards and Specifications.
The Board may require the planting of new street
trees in any area 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.
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.
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.
The subdivider shall install sanitary sewers
of a type and in a manner prescribed by the regulations of the respective
agencies having jurisdiction. In cases where sanitary sewerage is
not available to a proposed subdivision or development of five or
more lots, the subdivider shall install individual sewage disposal
systems in accordance with the regulations of the New York State Department
of Health, otherwise in accordance with Village requirements.
The subdivider shall arrange with the Village
Water Department for installation of water mains, fire hydrants and
all other equipment and appurtenances necessary for providing water
for the area to be subdivided. The Board may include in its resolution
approving its subdivision plat such conditions and guaranties as may
be required by the Village Water Department.
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 may attach appropriate conditions or require
such guaranties as may be deemed necessary to protect the public interest
and achieve the objectives of this chapter.
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 procedures set forth in either §
185-34 or §
185-35 below, as shall be prescribed by the Board.
The Board may condition the issuance of building
permits on certificates of occupancy upon satisfactory completion
of all required improvements. If such improvements are not completed
within the period specified by the Board in its resolution approving
the subdivision plat, the approval shall be deemed to have expired.
A. The subdivider shall file with the Clerk such surety
company performance bonds to cover the cost of required improvements
and water installations in such amounts as may be determined by the
Board.
B. Each such bond shall comply with the requirements
of § 7-730 of the Village Law and this chapter and, in addition,
shall be satisfactory to the Village Attorney as to form, sufficiency
and manner of execution and to the Board as to the surety.
C. As to any utilities required, the Board may, in its
sole discretion, accept in lieu of a bond assurance in writing from
the utility company whose facilities are proposed to be installed,
such writing to be addressed to the Board and to state in substance
or fact that the utility company will make the installations necessary
for the furnishing of its services within the time therein specified
satisfactory to the Board.
D. In determining the amount of each such bond, the Board
may include the reasonable cost of inspection of all required improvements,
the estimated cost for employing a watchman to guard any stormwater
drainage or storage basins required, the cost of liability insurance
and the estimated cost of installation of necessary water supply facilities.
E. Each bond furnished pursuant to this Article
IV shall include the following language: "In the event of a default on the part of the principal, the principal and the surety shall be liable for, in addition to the principal amount of this bond, all engineering, legal and other expenses which shall be incurred or shall be likely to be incurred by the Village in the enforcement of this bond, in the completion of the public improvements covered by this bond and in the performance of all of the conditions of this bond, in an amount not to exceed 50% of the face amount hereof."
[Amended 2-22-1983 by L.L. No. 3-1983]
F. Simultaneously with the filing of any bond under this Article
IV, the subdivider shall deposit with the Village an amount in cash equal to 10% of the face amount of the bond, but not to exceed $1,500, which cash 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 and/or toward the performance of any other conditions of such bond as have not been completed or performed on said date.
G. All required improvements shall be completed to the
satisfaction of the Engineer and the Board within the time stipulated
in the Board's resolution approving the subdivision plat. The bond
shall be released only by the Board of Trustees after a duly noticed
public hearing, and then only upon certification by the Board, upon
the recommendation of the Village Engineer, that all required improvements
have been completed to its satisfaction.
[Amended 3-19-2012 by L.L. No. 3-2012]
Simultaneously with the filing of any performance bond required under §
185-35 hereof, the subdivider shall file with the Clerk a surety company payment bond approved by the Village Attorney as to form, sufficiency and manner of execution, guaranteeing to the Village payment of all charges for labor, materials, services and other expenses incurred by the subdivider and his subcontractor in connection with the construction of the required improvements covered by the performance bond.
Prior to the release of any performance bond
and as a condition thereof, the subdivider shall file with the Village
a maintenance bond in an amount to be determined by the Board to be
adequate to assure the preservation of existing topographic and natural
assets, as well as the satisfactory condition of all required improvements
for a period of one year following the release of the performance
bond. Such maintenance bond shall be released only by the Board of
Trustees upon certification that the topographic and natural assets
have been preserved and the required improvements have been maintained
to the satisfaction of the Board for the required one-year period.
A. General requirements. The Board shall provide for
the inspection of required improvements during construction to ensure
their satisfactory completion.
B. Timing of inspection. In order to facilitate inspection
of required improvements during construction, the subdivider shall
notify the Engineer at least two 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 construction 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 §
185-20B.
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. In the event that the Engineer or his authorized
representative is unable to carry out the inspection of required improvements
during construction, neither the subdivider nor the surety, if any,
shall 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 §
185-47, 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.