[Amended 2-28-1994 by L.L. No. 1-1994]
A.
Endorsement of final plat. After adoption of a resolution
approving a final subdivision plat and before the plat is endorsed
by the Planning Board Chairman or other duly authorized member, 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, except the final street wearing
course and sidewalks, or, as an alternative, file with the Board of
Trustees acceptable security, in an amount fixed by the Planning Board
in its resolution, to secure to the Village the satisfactory construction,
installation and completion of such improvements. All such improvements
must be completed within three years of the date of the Planning Board
resolution. All improvements shall be completed to the satisfaction
of the Planning Board, in accordance with the approved construction
plans, the requirements of these regulations and the Village construction
standards and specifications.
B.
"Acceptable security" shall mean and be limited to:
a performance bond issued by a bonding or surety company; the deposit
of funds in or a certificate of deposit issued by a bank or trust
company located and authorized to do business in this state; an irrevocable
letter of credit from a bank located and authorized to do business
in this state; obligations of the United States of America; or any
obligations fully guaranteed as to interest and principal by the United
States of America, each having a market value at least equal to the
full cost of such improvements. If not delivered to the Village, such
security must be held in a Village account at a bank or trust company.
Such security must be provided pursuant to a written security agreement
with the Village, approved by the Village Board of Trustees and also
approved by the Village Attorney as to form, sufficiency and manner
of execution.
(1)
Any such performance bond or security agreement shall
run for a term to be fixed by the Planning Board, but in no case for
a longer term than three years; provided, however, that the term of
such performance bond or security agreement may be extended by the
Planning Board with the consent of the parties thereto. If the Planning
Board shall decide at any time during the term of the performance
bond or security agreement that the extent of building development
that has taken place in the subdivision is not sufficient to warrant
all the improvements covered by such security, or that the required
improvements have been installed as provided in this section and by
the Planning Board in sufficient amount to warrant reduction in the
amount of said security, and upon the approval by the Village Board
of Trustees, the Planning Board may modify its requirements for any
or all such improvements, and the amount of such security shall thereupon
be reduced by an appropriate amount so that the new amount will cover
the cost in full of the amended list of improvements required by the
Planning Board.
(2)
In the event that any required improvements have not
been installed as provided in this section within the term of such
security agreement, the Village Board of Trustees may thereupon declare
said performance bond or security agreement to be in default and collect
the sum remaining payable thereunder, and, upon the receipt of the
proceeds thereof, the Village shall install such improvements as are
covered by such security and as commensurate with the extent of building
development that has taken place in the subdivision but not exceeding
in cost the amount of such proceeds.
C.
Issuance of building permits and certificate of occupancy.
(1)
No building permit shall be issued until such time
as all required public improvements, except for final wearing courses
and sidewalks, if required, are completed to the satisfaction of the
Planning Board. Thereafter, building permits for additional lots,
other than the final 10% of all lots, may be issued upon the applicant's
delivering to the Village of Pomona, in form satisfactory to the Village
Attorney, such performance bond, letter of credit or other security
agreement as provided for in the preceding subsections, in an amount
equal to the total cost of the final road wearing course and sidewalks,
if required, divided by the number of lots in the subdivision. No
building permits shall be issued for the final 10% of all lots until
all required public improvements are fully completed to the satisfaction
of the Planning Board and dedicated to and accepted by the Village
of Pomona.
[Amended 6-26-2000 by L.L. No. 4-2000]
(2)
The performance bond or security agreement to be delivered
by the applicant to the Village of Pomona shall authorize payment
to the Village of Pomona upon written certification of the Planning
Board Chairman that the final road wearing courses and sidewalks have
not been completed to the satisfaction of the Planning Board within
the earlier of the following two periods: three years from the date
of filing of the final subdivision plat or six months from the date
of issuance of the building permit for the last lot other than the
final 10% of all lots. Such performance bond or security agreement
shall authorize payment to the Village of Pomona in the event that
the installation of such final road wearing courses and sidewalks
have caused damage to public or private property not under the ownership
of the applicant. Such payments shall be in the aggregate amount of
all expenses incurred by the Village for the provision of final road
wearing courses and sidewalks and for the cost of the aforementioned
damage, if any. In the event that the applicant has elected to deposit
cash with the Village of Pomona in lieu of a performance bond or other
security agreement, the Village shall be authorized to pay for the
expenses of provision of final road wearing courses and sidewalks
and damages, if any, out of such cash, and any excess cash remaining
after the completion of such final improvements and payment of such
damages shall be returned to the applicant.
D.
Failure to complete improvements. Where a performance
bond or security agreement is not filed and all required improvements
are not completed within the period specified in the Planning Board
resolution of approval or as set forth hereinabove, 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.
Where such performance bond or security agreement has been filed and
all required improvements are not completed within the time specified
by the Planning Board and set forth in said bond or agreement, and
if no application for the extension of such period and bond or agreement
has been made by the applicant and approved by the Planning Board,
the Board of Trustees shall notify the applicant of the expiration
of such specified term and of the action it proposes to take to complete
such improvements. Not less than 30 days from such notification, the
Board of Trustees may declare the performance bond or security agreement
in default, arrange for the completion of such improvements by a contractor
or contractors of its choice and pay for such improvements by drawing
from the proceeds of such bond or agreement. The Board of Trustees
shall have absolute authority to select the contractor or contractors
to complete such improvements, and the applicant shall have no recourse
against the Village for any claims whatsoever resulting from the selection
of contractors. By submitting an application for final plat approval,
each applicant shall be deemed conclusively to have consented to the
provisions of this section.
E.
Modification of letter of credit.
(1)
Extension of period specified in letter of credit.
The time period specified for the completion of all required improvements,
as set forth in the letter of credit, may be extended only by resolution
of the Planning Board 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 time period extension which is requested.
(2)
Reduction of letter of credit. An applicant may request,
in writing, that the Planning Board authorize a reduction in the amount
of the letter of credit. Such request shall itemize the extent of
required improvements already completed, the estimated cost of improvements
remaining to be completed and the amount of the letter of credit reduction
requested. Then, upon approval of the Board of Trustees, the Planning
Board may, if it determines that sufficient required improvements
have been installed to warrant such action, reduce the amount of the
letter of credit to an appropriate amount so that the new amount will
cover the cost in full of all required improvements remaining to be
completed.
F.
Modification of requirements. 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 of the
final subdivision plat so as to require such changes as may be necessary
to comply with the spirit and intent of the Board's original approval
and to conform to accepted engineering practices. If such modification
affects the scope of work covered by a letter of credit, the Board
may require or allow appropriate modification of such letter of credit.
The Village Engineer or his designee shall be
responsible for inspecting required improvements during construction
to ensure their satisfactory completion and, upon such completion,
shall furnish the Planning Board with a statement to that effect.
If the Village Engineer 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 Village Engineer 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.
A.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the applicant shall notify the Village Engineer
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 Village Engineer or his designee.
In the case of any other improvements, the Village Engineer or his
designee shall inspect the work at such progressive stages as he shall
specify, and he shall certify to the Planning Board that the work
was inspected by him and was in accordance with the approved plans
and specifications.
B.
Certificate of construction. At such time as the applicant
has completed construction of all required improvements, he shall
furnish to the Village Engineer 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 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 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 Planning Board, 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 bond until such situation is corrected.
C.
Inspection fee. To offset the costs incurred by the
Village in conducting inspections, all applicants for approval of
submissions involving the construction of streets and/or other improvements
shall be required to submit an inspection fee, payable to the Village
of Pomona, as shown on the fee schedule adopted by the Board of Trustees.[1]
[Amended 2-28-1994 by L.L. No. 1-1994]
The applicant shall be required to maintain
all improvements and provide for snow removal on streets and sidewalks,
including the cost of streetlighting, if required, until acceptance
of said improvements by the Board of Trustees. If there are any certificates
of occupancy on a street not dedicated to the Village, the Village
may plow the street or effect emergency repairs and charge same to
the developer. The applicant shall be required to file a letter of
credit with the Board of Trustees, prior to dedication, in an amount
considered adequate by the Village Engineer and in a form satisfactory
to the Village Attorney, in order to assure the satisfactory condition
of the required improvements for a period of two years after the date
of their acceptance by the Board of Trustees and dedication of same
to the Village.
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 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 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 Board of Trustees
shall be filed with such Board 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 Board of Trustees.
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 offer of cession shall be deemed void. 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. 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 Planning Board approval.
The Planning Board 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.
When it is deemed necessary by the Planning
Board to defer the construction of any improvement required herein
because of incompatible grades, future planning, inadequate or lack
of connecting facilities or for other reasons, the developer shall
pay his share of the costs of the future improvements to the Village
in escrow prior to signing of the final subdivision plat, or the developer
may post a bond ensuring completion of said improvements upon demand
of the Village. The Village shall refund any funds so paid if not
used for their intended purpose; and refund shall be made when the
Board of Trustees determines that said funds shall not be so used.
In the approval of a final subdivision plat,
the Planning Board may require the construction of buildings on individual
lots in a specified sequence where the Board finds that such staging
is related to the public health, safety and welfare.
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 Board's original approval and to conform to accepted engineering
practices.
