As used in this Part
2, the following terms shall have the meanings indicated:
DEFAULT
A declaration by the Board of at any time subsequent to the
expiration of the term of a performance or maintenance bond that the
development of the subdivision has advanced to a stage where the public
improvements shall be completed forthwith.
FULL COST
Full cost of completing public improvements shall include,
without limitation, the cost of preparation and review of plans, reports,
specifications and documents, the cost of enforcement of performance
or maintenance bonds and/or the obligation of owners to complete the
public improvements and the cost of municipal compliance with prevailing
wage and bidding requirements.
MAINTENANCE BOND
A bond, collateral to the principal obligation of the owner,
to secure or guarantee the proper maintenance of public improvements
in a subdivision, which bond remains in full force and effect for
a period of time after completion of said improvements or the bond
is released by resolution of the Board of Trustees with the concurrence
of the Planning Board.
OWNER
The person or entity which undertakes to subdivide land and
whose responsibility it is to properly complete public improvements
in subdivisions. The term "owner" shall include the terms "principal"
and "subdivider" and "developer" and the term "coprincipal" as used
in a performance or maintenance bond.
PERFORMANCE BOND
A bond, collateral to the principal obligation of the owner,
to secure or guarantee the proper completion of public improvements
in a subdivision, which bond remains in full force and effect until
all public improvements are complete, the subdivision is abandoned
without the sale of lots or the bond is released by resolution of
the Board of Trustees with the concurrence of the Planning Board.
PUBLIC IMPROVEMENTS
Those improvements which are to be used in common by residents
of the subdivision or by the public, whether or not such improvements
are offered for dedication. "Public improvements" shall include, without
limitation, improvements referenced in the Village Law, improvements
depicted or referenced on the plat, improvements required by law,
code, rule or regulation and improvements agreed to by the owner.
TERM
The term of a performance or maintenance bond is the period
during which the municipality may not declare a default.
Prior to the final approval of any subdivision
plat and filing of the plat, the owner shall either complete all public
improvements or post a performance bond in an amount sufficient to
cover the full cost of completing the public improvements which are
not completed. No building permits shall be issued in a subdivision
prior to final approval of the subdivision plat.
Prior to the acceptance of any public improvement,
the owner shall post a maintenance bond in an amount sufficient to
cover the cost of maintaining, repairing or replacing public improvements
which are improperly installed, defective in design, damaged during
construction in the subdivision or otherwise unsuitable for the purposes
intended.
All performance and maintenance bonds posted subsequent to the effective date of this Part
2 shall be in a standard form approved by the Board of Trustees. The Board of Trustees, with the advice of the Attorney, shall from time to time adopt by resolution standard form bonds of the following types:
A. Irrevocable letter of credit.
No performance or maintenance bond nor any increase
or reduction thereof shall be deemed approved until the following
are entered into the minutes of the Board of Trustees:
A. Approval by the Planning Board of the bond amount
or the increase or reduction of such amount.
B. Approval by the Attorney of the form, sufficiency
and execution of the bond or the increase or reduction thereof.
C. Approval by the Board of Trustees of the security
or surety. The Board of Trustees may in particular cases require a
particular form of bond.
Estimates of performance and maintenance bond
amounts shall be based upon the full cost of properly completing the
public improvements. Allowance shall be made for inflation during
the term of the bond, the cost of compliance with bidding and public
works laws and for the expense of enforcement of the bond. Underestimation
of the bond amount shall not stop the Village of Maybrook in an action
against the owner on the obligation to complete the improvements.
This Part
2 is intended to be consistent with § 7-730 of the Village Law and is intended to clarify and more clearly define the provisions of such section so as to aid in the implementation of the intent of such section that public improvements in subdivisions be properly completed at the owner's expense. Any part of this Part
2 which may be determined to be inconsistent with § 7-730 of the Village Law shall supersede such section pursuant to Municipal Home Rule Law § 10. That portion of Village Law § 7-730 which permits the posting of surety performance bonds is specifically superseded.
This Part
2 shall be applicable to all subdivisions hereafter approved and to all subdivisions which have been heretofore approved but in which public improvements have not been completed pursuant to the provisions of this Part
2, except that provisions of this Part
2 which are determined to be inconsistent with Village Law § 7-730 shall be applicable to subdivisions heretofore approved three years after the date of such approval.
The duties of the Village of Maybrook, its officers, agents and employees pursuant to this Part
2 are general duties of the Village of Maybrook to protect the public health, safety and welfare. No person is authorized to create or imply a special relationship pursuant to this Part
2.