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 performance 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, as described in §
175-46, 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 Village in accordance with this chapter and by the appropriate county or state or local agencies having jurisdiction pursuant to law, such approvals have been endorsed on said plans or drawings and the subdivider has paid to the Village an amount equal to the estimated Village engineering fees for inspecting and testing the construction and work.
B. Modifications. If, at any time before or during the
construction of the required improvements, the Engineer finds or it
is demonstrated to his or her 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 Village Clerk.
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.
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.
All streets shall be paved in accordance with the Village construction standards and specifications heretofore referred to in §
175-20.
Electric, telephone, cable television and other
utilities shall be placed underground and within the street or right-of-way.
Where possible, they shall be located between the paved roadway and
the property line to simplify locating and repair. Underground service
connections to the property line of each lot, where the Board considers
such appropriate, shall be installed, at the subdivider's expense,
before the street is paved.
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.
[Amended 10-21-2002 by L.L. No. 4-2002]
A. Drainage review. The Village Engineer shall review
each proposed subdivision and determine the scope of drainage improvements
to be installed at the site.
B. 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 with the plats.
C. 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 the runoff anticipated from a ten-year storm under conditions
of maximum potential watershed development permitted under existing
zoning therein.
D. 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 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.
E. Suffolk County requirements. The subdivider will be
required to install such facilities for the subdivision and to comply
with such conditions as may be required by the Suffolk County Planning
Commission that are not superseded by Village action.
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 Village standards and specifications.
[Amended 10-21-2002 by L.L. No. 4-2002]
The Board shall 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 as recommended by the
Village Arborists with the concurrence of the Conservation 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.
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 Suffolk
County Department of Health.
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 guarantees as
may be deemed necessary to protect the public interest and achieve
the objectives of this chapter.
The subdivider shall submit his or her 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 §
175-22, 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. Performance bond. If the subdivider is required to
post a performance bond to insure the completion of required improvements,
he/she shall file with the Village Clerk a performance payment and
maintenance bonds to cover the cost of required improvements in an
amount set by the Board and to insure proper maintenance of the improvements
for one = year after they are completed. 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. 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. The bond surety may be
in cash, a letter of credit having a term not less than one year or
such longer period, as permitted by the Board, 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. 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 performance bond, the subdivider and the bonding company
shall be severally and jointly liable for completing said improvements
to the satisfaction of the Board.
D. Failure to complete improvements. For subdivisions
for which no performance 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 performance bond has been posted and required
improvements have not been completed within the term of such bond,
the Village Trustees may thereupon declare said performance bond to
be in default.
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:
(1) At least three days before he/she proceeds with each
of the following stages of construction:
(a)
Grading of streets and/or lots.
(b)
Backfilling of underground utilities and/or
drainage facilities.
(c)
Paving or surface treatment.
(2) Within three days 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 §
175-19B.
E. Reports. The Engineer shall make reports to the Board
after each inspection. If the Engineer or his/her 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, the Engineer
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 §
175-35C. In the event that the Engineer or his/her 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 the construction plan described in §
175-46, 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.