Pursuant to Section 179-l of the Village Law,[1] before the approval of the Board of a plat or the development
of a plat entirely or partially undeveloped, the Board in its discretion may
require the subdivider either 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. Simultaneously with the application for approval of the subdivision
plat, the subdivider shall file with the Clerk a written agreement, in form
and execution 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 installation
of 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.
[1]
Editor's Note: See now Village Law § 7-730.
A.
Approval required before construction. The subdivider shall have prepared at his expense construction plans, described in § 232-52, 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 Board in accordance with these regulations and by the appropriate county or state or local agencies having jurisdiction pursuant to law and such approvals have been endorsed on said plans or drawings.
B.
Modifications. If at any time before or during the construction
of the required improvements the Engineer finds or it is demonstrated to his
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.
Monuments. 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 two
inches above ground surface.
B.
Grading. 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.
C.
Street paving. All streets shall be paved in accordance
with construction standards and specifications of the County of Nassau.
(1)
Underground utilities. If placed in the street right-of-way,
underground utilities required by the Board shall be placed between the paved
roadway and street line, where possible, to simplify location and repair.
Underground service connections to the property line of each lot shall be
installed at the subdivider's expense, where the Board considers such appropriate,
before the street is paved.
(2)
Public utilities. 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. Electric light and telephone wires along and across streets
shall be underground. The Board may require that utilities in easement areas
be located along rear lot lines.
A.
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.
B.
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 runoff anticipated from a ten-year
storm under conditions of maximum potential watershed development permitted
under existing zoning therein.
C.
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 and the Board of Trustees of such potential.
In such case, the Board may disapprove such subdivision or development until
provision, satisfactory to the Engineer and the Board of Trustees, has been
made for the improvement of such potential condition.
D.
Nassau County requirements. The subdivider will be required
to install such facilities for the drainage of streets as may be required
by the Commissioner of Public Works of Nassau County and by the Engineer.
Any storage basins required by the Nassau County Department of Public Works
and any other drainage facilities required to be installed shall be constructed
and completed by the subdivider prior to the installation of any other improvements
required on the plat. All such drainage structures shall be maintained by
the subdivider in good operating condition until such time as the bond is
released.
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 the appropriate
Nassau County specifications.
The Board may require the planting of new street trees in any area which
lacks or is deemed deficient in trees. Such trees shall be of a size and type
approved by the Board and shall be planted in a manner and location prescribed
by the 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.
The subdivider shall install sanitary sewers of a type and in a manner
prescribed by the regulations of the respective agencies having jurisdiction.
In cases where sanitary sewerage is not available to a proposed subdivision
or development of five or more lots, the subdivider shall install individual
sewage disposal systems in accordance with the regulations of the New York
State Department of Health, otherwise in accordance with Village requirements.
The subdivider shall arrange with the appropriate water district for
installation of water mains, fire hydrants, and all other equipment and appurtenances
necessary for providing water for the area to be subdivided. The Board may
include in its resolution approving its subdivision plat such conditions and
guarantees as may be required by the water district having jurisdiction.
The Board may waive, pursuant to Section 179-l of the Village Law,[1] 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. It is the case of any waiver granted, the Board may attach
appropriate conditions or require such guarantees as may be deemed necessary
to protect the public interest and achieve the objectives of these regulations.
[1]
Editor's Note: See now Village Law § 7-730.
The subdivider shall submit his 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.
The Board may condition the issuance of building permits or certificates
of occupancy upon satisfactory completion of all required improvements. If
such improvements are not completed within the period specified by the Board
in its resolution approving the subdivision plat, approval shall be deemed
to have expired.
A.
The subdivider shall file with the Clerk such surety
company performance bonds to cover the cost of required improvements and water
installation in such amounts as may be determined by the Board.
B.
Each such bond shall comply with the requirements of
Section 179-1 of the Village Law[1] and these regulations and, in addition, shall be satisfactory
to the Village Attorney as to form, sufficiency, and manner of execution and
to the Board as to the surety.
[1]
Editor's Note: See now Village Law § 7-730.
C.
As to any utilities required, the Board may, in its sole
discretion, accept in lieu of a bond assurance in writing from the utility
company whose facilities are proposed to be installed, such writing to be
addressed to the Board and to state in substance or fact that the utility
company will make the installations necessary for the furnishing of its services
within the time therein specified satisfactory to the Board.
D.
In determining the amount of each such bond, the Board
may include the reasonable cost of inspection of all required improvements,
the estimated cost for employing a watchman to guard any stormwater drainage
or storage basins required, the cost of liability insurance, and the estimated
cost of installation of necessary water supply facilities.
E.
Each bond furnished pursuant to this Article V shall include the following language: "In the event of a default on the part of the principal, the principal and the surety shall be liable for, in addition to the principal amount of this bond, all engineering, legal and other expenses which shall be incurred or shall be likely to be incurred by the Village in the enforcement of this bond, in the completion of the public improvements covered by this bond and in the performance of all of the conditions of this bond, in an amount not to exceed 20% of the face amount hereof."
F.
Simultaneously with the filing of any bond under this Article V the subdivider shall deposit with the Village an amount in cash equal to 1% of the face amount of the bond, but not to exceed $1,500, which cash 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 and/or toward the performance of any other conditions of such bond as have no been completed or performed on said date.
G.
All required improvements shall be completed to the satisfaction
of the Engineer and the Board within the time stipulated in the Board's resolution
approving the subdivision plat. The bond shall be released only by the Board
of Trustees and then only upon certification by the Board that all required
improvements have been completed to its satisfaction.
Simultaneously with the filing of any performance bond required under § 232-39 hereof, the subdivider shall file with the Clerk a surety company payment bond approved by the Village Attorney as to form, sufficiency and manner of execution, guaranteeing to the Village payment of all charges for labor, materials, services and other expenses incurred by the subdivider and his subcontractor in connection with the construction of the required improvements covered by the performance bond.
Prior to the release of any performance bond, and as a condition thereof,
the subdivider shall file with the Village a maintenance bond in an amount
to be determined by the Board to be adequate to assure the preservation of
existing topographic and natural assets, as well as the satisfactory condition
of all required improvements, for a period of one year following the release
of the performance bond. Such maintenance bond shall be released only by the
Board of Trustees upon certification that the topographic and natural assets
have been preserved and the required improvements have been maintained to
the satisfaction of the Board for the required one-year period.
A.
General requirements. The Board shall provide for the
inspection of required improvements during construction to ensure their satisfactory
completion.
B.
Timing of inspection. In order to facilitate inspection
of required improvements during construction, the subdivider shall notify
the Engineer at least two days before he proceeds with each of the following
stages of construction:
C.
Copy of construction 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 required improvements have been constructed as required and approved by the Board, or as such requirements have been modified under § 232-24B.
E.
Reports. The Engineer shall make reports to the Board
after each inspection. If the engineer or his 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, he 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. In the event that the Engineer or his authorized representative
is unable to carry out inspection of required improvements during construction,
neither the subdivider nor the surety, if any, shall in any way be relieved
of his or its 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 construction plans described in § 232-52, 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.
