A.
Improvements to be completed.
(1)
After adoption of a resolution approving a final subdivision plat, and before the plat is endorsed by the Planning Board Chairman and other duly authorized member, the subdivider 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 as otherwise specified in the resolution and to offer to dedicate same to the Village of Saugerties free and clear of all liens and encumbrances on the property and public improvements thus dedicated. However, the completion of improvements by the applicant after endorsement of the plat may be permitted with provision of adequate performance guarantees by the applicant in accordance with Subsection B below.
(2)
All improvements shall be completed to the satisfaction
of the Village Engineer and approved by the Planning Board, in accordance
with the approved construction plans and the requirements of this chapter,
the Village Road Construction Standards and other specifications.
B.
Performance guarantee in lieu of improvements.
(1)
The Planning Board, at its discretion, may waive the
requirement that the subdivider complete and dedicate all public improvements
prior to the signing of the subdivision plat, and may permit the subdivider
to provide a performance guarantee, such as a cash deposit, letter of credit
or other form of financial surety, at the time of application for final subdivision
approval in an amount estimated by the Planning Board as sufficient to secure
to the Village the satisfactory construction and installation of the incomplete
portion of required improvements. Such performance guarantee shall be issued
pursuant to the conditions of § 7-730 of the Village Law and shall
state the period within which the required improvements must be completed,
which period shall not exceed three years.
(2)
For purpose of establishing the amount of the performance
guarantee, the subdivider or his engineer shall submit a cost estimate to
the Village Engineer, Village Attorney and/or other agent designated by the
Planning Board, which estimated cost shall be verified by the Village Engineer
and modified as he may consider appropriate. All cash deposits, letters of
credit or other forms of financial surety shall be approved by the Village
Board, after review and recommendations by the Village Attorney, as to their
form, sufficiency and manner of execution. In this regard, the Planning Board
may recommend a performance guarantee in an amount up to 130% of the estimated
construction costs so as to cover inflation and other contingencies.
C.
Failure to complete improvements.
(1)
Where a performance guarantee is not filed. If all required
improvements are not completed within the period specified in the Planning
Board 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 Planning Board.
(2)
Where a performance guarantee is filed. If all required
improvements are not completed within the term specified by the Planning Board
and set forth in the filed performance guarantee, and if no application for
the extension of such period and performance guarantee has been made by the
subdivider and approved by the Planning Board, the Village Board may thereupon
declare said performance guarantee 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 performance guarantee
and are commensurate with the extent of building development that has taken
place in the subdivision but not exceeding, in cost, the amount of such proceeds.
D.
Modification of performance guarantee.
(1)
Extension of period specified in performance guarantee.
The time period specified for the completion of all required improvements,
as set forth in the performance guarantee, may be extended only by resolution
of the Planning Board upon written request by the subdivider 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 time
period extension which is requested.
(2)
Reduction of performance guarantee. A subdivider may
request, in writing, that the Planning Board recommend to the Village Board
the reduction in the amount of the performance guarantee. Such request shall
itemize the extent of required improvements already completed, the estimated
cost of improvements remaining to be completed, and the amount of performance
guarantee reduction requested. Then, upon recommendation of both the Planning
Board and the Village Attorney, and after due notice and public hearing, the
Village Board may, if it determines that sufficient required improvements
have been installed to warrant such action, reduce the face amount of the
performance guarantee by an appropriate amount so that the new amount will
cover up to 130% of the estimated cost, in full, of all required improvements
remaining to be completed, and any security deposited with the performance
guarantee may be reduced proportionately.
E.
Modification of improvements. If, at any time, either
before or during the course of construction of the required improvements,
it is determined by the Planning Board that unforeseen conditions make it
necessary to modify the location or design of any improvements, the Board
may modify the terms and conditions of the approval so as to require such
changes as may be necessary to comply with the spirit and intent of the Planning
Board's original approval and to conform to accepted engineering practices.
If such modification affects the scope of work covered by a performance guarantee,
the Board may recommend to the Village Board that it approve appropriate modification
of such performance guarantee.
F.
Escrow deposits with Village Treasurer.
(1)
General conditions. Whenever, by reason of the season
of the year, any required improvements cannot be undertaken or completed,
the Building Inspector may, nevertheless, issue a temporary certificate of
occupancy, provided there is no danger to health, safety or general welfare
upon acceptance by the Village Treasurer of a cash escrow deposit from the
subdivider in an amount to be determined by the Village Engineer and Highway
Superintendent, for up to 130% of the cost of completing said improvements.
At the time of request to deposit escrow monies with the Village and prior
to the issuance of a temporary certificate of occupancy to the subdivider,
the subdivider shall obtain and file with the Building Inspector a notarized
statement from the purchaser(s) of the subject properties(s) authorizing the
Village to install the improvements in the event that the same have not been
duly installed by the subdivider.
(2)
Time for completion. All required improvements for which
escrow monies have been accepted by the Village Treasurer at the time of issuance
of a certificate of occupancy shall be installed by the subdivider within
a period of nine months from the date of deposit and issuance of the temporary
certificate of occupancy. In the event that said improvements have not been
properly installed at the end of said time period the Building Inspector shall
give 14 days' written notice to the subdivider, by certified mail, return
receipt requested, requiring him to install same, and in the event that same
are not installed properly, the Building Inspector may request the Village
Board to authorize the Village to proceed to contract out the work for the
installation of the necessary improvements in a sum not to exceed the amount
of the escrow deposit.
The Village Engineer, the Highway Superintendent and/or the Village
Water or Sewer Superintendent shall be responsible for inspecting required
improvements during construction to insure their satisfactory completion and,
upon such completion, shall furnish the Planning Board with a statement to
that effect. If they determine that any of the required improvements have
not been constructed in accordance with the approved plan, the subdivider
shall be responsible for properly completing said improvements. Failure of
the Village Engineer, Highway Superintendent and/or the Village Water or Sewer
Superintendent to carry out inspections of required improvements during construction
shall not in any way relieve the subdivider of any responsibilities related
to the proper construction of such improvements.
A.
Inspection of stages of construction. Inspection of required
improvements during construction shall be conducted in accordance with accepted
procedures.
B.
"As-built" drawings necessary.
(1)
At such time as the subdivider has completed construction
of all required improvements, he shall furnish to the Village Engineer, Village
Highway Superintendent and/or Water and Sewer Superintendent 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, streets 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 Village Engineer,
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 New York State licensed engineer or surveyor to the effect
that the data shown thereon was installed and its location was shown accurately
on "as-built" drawings accurately determined by field survey.
(2)
If the location of improvements does not, in the opinion of the Village Engineer, fully comply with the approved construction plans and specifications, the Planning Board shall have the right to refuse to sign the final plat or release the performance guarantee, nor shall the Village Board accept dedication of any required improvements until either such situation is corrected to the satisfaction of the Village Engineer, or the Village Planning Board formally approves of modification of improvements in accordance with § 168-30E of this chapter.
A.
Offers of cession. All streets, parks and easements shall
be indicated on the plat. In accordance with § 7-732 of the Village
Law, the subdivider 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 park, 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 Planning Board 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 Village Board shall
be filed by the subdivider with such Board for the acceptance of offered streets
and 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 Village Board. The approval by the
Planning Board 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 Planning Board may require the addition of appropriate
notes to this effect on the plat.
D.
Maintenance for dedicated improvements. Guarantees for
the maintenance of any improvements to be dedicated to the Village shall be
in accordance with procedures of the Village Road Specifications.
E.
Maintenance for improvements not to be dedicated. 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 the approval of the Village Attorney.
The Planning Board may, in writing, grant waivers, subject to appropriate conditions, to the provision of any or all such improvements and requirements, in accordance with the criteria and procedures set forth in § 168-6 of this chapter.
A certificate of occupancy shall not be issued for a structure within
a subdivision where the improvements are assured by a performance guarantee
unless it is determined by the Planning Board 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 a structure has progressed to a stage deemed
adequate by the Planning Board 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 performance guaranteed 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 Village Board. If the street is not to be offered for dedication to the Village, such an agreement will have been required in accordance with § 168-32 of this chapter.
