In order to ensure the full and faithful completion
of all land development activities related to compliance with all
conditions set forth by the Incorporated Village of Patchogue in its
approval of the Stormwater Pollution Prevention Plan, the Incorporated
Village of Patchogue may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names
the Incorporated Village of Patchogue as the beneficiary. The security
shall be in an amount to be determined by the Incorporated Village
of Patchogue based on submission of final design plans, with reference
to actual construction and landscaping costs. The performance guarantee
shall remain in force until the surety is released from liability
by the Incorporated Village of Patchogue, provided that such period
shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Incorporated Village of Patchogue. Per
annum interest on cash escrow deposits shall be reinvested in the
account until the surety is released from liability.
Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Incorporated Village of Patchogue with an
irrevocable letter of credit from an approved financial institution
or surety to ensure proper operation and maintenance of all stormwater
management and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Incorporated Village
of Patchogue may draw upon the account to cover the costs of proper
operation and maintenance, including engineering and inspection costs.
The Incorporated Village of Patchogue may require
entities subject to Local Law No. 6-2009[1] to maintain records demonstrating compliance with Local
Law No. 6-2009.
