After adoption of a resolution approving a final
subdivision plat, and before the plat is endorsed by the approval
authority, the applicant shall be required to complete, at his expense
and without reimbursement by the Village or any special district,
all street and other improvements as shown on the approved construction
plans or otherwise specified in the resolution or, as an alternative,
file with the Village Clerk a bond in an amount fixed by the approval
authority in its resolution as sufficient to secure to the Village
the satisfactory construction, installation and completion of the
required improvements. The current License and Fee Schedule is on
file in the Village Clerk's office. Such bond shall state the period
within which the required improvements must be completed. Such period
shall be that specified in the resolution of the approval authority
and shall not exceed three years unless the term of the bond is extended
by the approval authority with the consent of the parties thereto.
All improvements shall be completed to the satisfaction of the approval
authority, in accordance with the approved construction plans and
the requirements of these regulations and the Village Construction
Standards and Specifications.
A.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements
are not completed within the period specified in the approval authority
resolution of approval, such approval shall be deemed to have expired,
unless, upon request of the applicant, the period has been extended
by resolution of the approval authority.
(2)
Where a bond is filed. If all required improvements
are not completed within the term specified by the approval authority
and set forth in the filed bond and if no application for the extension
of such period and bond has been made by the applicant and approved
by the approval authority, the approval authority may thereupon declare
said bond to be in default and collect the sum remaining payable thereunder,
and, upon receipt of the proceeds thereof, the Village shall install
such improvements as are covered by the bond and are commensurate
with the extent of the building development that has taken place in
the subdivision but not exceeding, in cost, the amount of such proceeds.
B.
Modification of bond.
(1)
Extension of period specified in bond. The time period
specified for the completion of all required improvements, as set
forth in the bond, may be extended only by resolution of the approval
authority upon request by the applicant setting forth, in detail,
the amount of work which has been completed, reasons for failure to
complete the remainder of the work within the specified period, the
maximum estimated time required to complete the remainder of the work
and the extension which is requested. A modification of the bond documents
shall be subject to the approval of the approval authority.
(2)
Reduction of bond. An applicant may request, in writing,
that the approval authority authorize a reduction in the amount of
the bond. Such request shall itemize the extent of required improvements
already completed, the estimated cost of improvements remaining to
be completed, and the reduction requested. The approval authority
may, if it determines that sufficient required improvements have been
installed to warrant such action, reduce the face amount of the bond
by an appropriate amount so that the new amount will cover the cost
in full of all required improvements remaining to be completed, and
any security deposited with the bond may be reduced proportionately.
C.
Modification of requirements. If, at any time, either
before or during the course of construction of the required improvements,
it is determined by the approval authority that unforeseen conditions
make it necessary to modify the location or design of any improvements,
the approval authority may modify the terms and conditions of the
approval so as to require such change as may be necessary to comply
with the spirit and intent of the approval authority's original approval
and to conform to accepted engineering practices. If such modification
affects the scope of work covered by a bond, the approval authority
may require or allow appropriate modification of such bond.
A.
Inspection required. The Director of Public Works,
or his designee, shall be responsible for inspecting required improvements
during construction to ensure their satisfactory completion and, upon
such completion, shall furnish the approval authority with a statement
to that effect. If the Director of Public Works determines that any
of the required improvements have not been constructed in accordance
with the approved plan, the applicant shall be responsible for properly
completing said improvements. Failure of the Director of Public Works
to carry out inspections of required improvements during construction
shall not in any way relieve the applicant or the bonding company
of their responsibilities related to the proper construction of such
improvements.
B.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the applicant shall notify the Director of Public
Works, or his designee, at least three working days before reaching
each of the following stages of construction:
(2)
The applicant shall not proceed to work on any stage
subsequent to the first stage until the work of the previous stage
has been inspected and approved by the Director of Public Works or
his designee. In the case of any other improvements, the Director
of Public Works, or his designee, shall inspect the work at such progressive
stages as he shall specify, and he shall certify to the approval authority
that the work was inspected by him and was in accordance with the
approved plans and specifications.
C.
Certificate of construction. At such time as the applicant
has completed construction of all required improvements, he shall
furnish to the Director of Public Works three copies of as-built plans
and profiles which show the actual location of all paved streets,
culverts, headwalls, drains, manholes, catch basins, sidewalks, curbs,
utility lines and equipment, monuments, street signs, street trees
and all other required improvements, as constructed, and all other
pertinent information, such as cross sections of the streets at intervals
determined by the Director of Public Works, the culvert and drain
grades, sewer grades, sidewalk and curb grades and invert elevations
at manholes. Such plans and profiles shall bear a dated certification
by a professional engineer or licensed surveyor to the effect that
the data shown thereon was accurately determined by field survey.
If the location or accuracy of improvements does not, in the opinion
of the approval authority, fully comply with the approved construction
plans and specifications, the approval authority shall have the right
to refuse to sign the final plat or release the bond until such situation
is corrected.
D.
Inspection fee. To offset the cost incurred by the
Village in conducting inspections, all applicants for approval of
submissions involving the construction of street and/or other improvements
shall be required to submit an inspection fee, payable to the Village
of Rye Brook, in an amount as set by resolution of the approval authority.
The current License and Fee Schedule is on file in the Village Clerk's
office.
A.
Offers of dedication. All streets, parks and easements
shall be indicated on the plat. In accordance with § 7-732
of the Village Law, the applicant may add as part of the plat a notation,
if he so desires, to the effect that no offer of dedication of such
streets or parks, or any of them, is made to the public. All offers
of cession to the public of all streets and parks not so marked shall
be filed with the approval authority at the time of submission of
the final application.
B.
Petition for dedication. Upon completion of the subdivision
and the road(s), a petition in the form required by the Board of Trustees
shall be filed with such approval authority for the acceptance of
parks or any other reservations or easements.
C.
Acceptance by Village. Acceptance of any offer of
cession of streets or parks shall rest with the approval authority.
In the event that the applicant shall elect not to file the plat in
the office of the County Clerk within the period prescribed for such
filing, then such formal offer of cession shall be deemed void. The
approval by the approval authority of a subdivision plat shall not
be deemed to constitute nor imply the acceptance by the Village of
any streets, parks or other areas shown on said plat, and the approval
authority may require the addition of appropriate notes to this effect
on the plat.
D.
Maintenance. In the event that no offer of cession
to the public is made for the streets, parks and required easements
shown on the plat, there shall be submitted with the final application
copies of agreements or other documents providing for the suitable
maintenance of such facilities and a statement of all rights which
exist with respect to each of them. The adequacy of such documents
shall be subject to approval authority approval.
The approval authority may waive, subject to
appropriate conditions, the provision of any or all such improvements
and requirements as, in its judgment of the special circumstances
of a particular plat, are not requisite in the interest of the public
health, safety and general welfare or which, in its judgment, are
inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the subdivision.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond unless it is determined by the approval authority
that both of the following conditions have been complied with:
A.
Status of street improvements. The improvement of
the street or streets giving access to the structure has progressed
to a stage deemed adequate by the approval authority to render safe
all-weather vehicular access for both routine and emergency purposes.
B.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the approval authority. (NOTE: If the street is not to be offered for dedication to the Village, such an agreement will have been required in accordance with § 219-16D of these regulations).
A.
Copies of all covenants or deed restrictions that
are intended to apply to all or any part of the proposed subdivision
or resubdivision shall be submitted by the subdivider to the approval
authority and the Village Attorney prior to final subdivision approval.
B.
Where title to land designated for parks, recreation
areas or open space is to remain for the subdivider or reserved by
covenant for the common use of the property owners of the subdivision
or resubdivision, the subdivider shall submit copies of agreements
or other documents showing the manner in which such areas are to be
maintained and the provision made therefor to the Village Attorney
for approval prior to final subdivision approval. All agreements and
covenants governing the maintenance of such undeeded parcels of land
shall be in a form acceptable to the Village Attorney as to their
legal sufficiency. The final subdivision plat of any subdivision or
resubdivision shall not be executed until the provisions of this section
are complied with.
The subdivider shall submit a copy of the full
scale Tax Map(s) on which the location and layout of the proposed
subdivision or resubdivision, including all lots, streets, parks,
playgrounds, open spaces and easements, have been clearly shown to
scale as part of the subdivision process.
