It is the intent of this article to promote the general welfare of the people of the Village of Woodbury by providing for the protection of their lives, property, economics and well-being and to protect and preserve the environment by requiring all developers in subdivisions to install underground all utility facilities and to install adequate streetlighting facilities.
A. 
Utilities. The Village Board finds that on December 28, 1971, the New York State Public Service Commission ordered the underground installation of all utility facilities in new residential subdivisions of four or more dwelling units throughout the state. The aforesaid order applies only to the installation of electric distribution lines but does not include other utilities such as telephone, cable television, long-distance telephone transmission lines, gas and any other utilities required in a subdivision. The Village Board further determines that the existence of overhead cables and wires on street poles is contrary to and detracts from the environmental and aesthetic values of the Village.
B. 
Streetlighting. The Village Board further determines that growing population has brought with it a corresponding number of new developments which fail to provide adequate streetlighting. The failure of the developers to provide adequate streetlighting will result in a greater number of automobile accidents and increased crime, thereby jeopardizing our citizenry.
As used in this article, the following terms shall have the meanings indicated:
PERSON
An individual, firm, partnership, association, corporation or other legal entity.
RESIDENTIAL BUILDING and MULTIPLE RESIDENCE CONTAINING THREE OR MORE DWELLING UNITS
Any building designed or occupied in whole or in part as a dwelling for one or two families or multiple residences.
SUBDIVISION
Any tract of land which is hereafter subdivided into four or more parcels along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots or residential building plots, regardless of whether or not the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description.
UTILITY
Includes electricity, gas, telephone, water, sewage, cable television and long-distance telephone transmission lines, cables or pipelines, as the case may be, which are to be installed in new residential subdivisions.
All utility facilities in any residential subdivision, multiple residence development or planned unit development, including distribution lines and local service to the residential buildings, shall be installed underground within the roadbed between the curbs of the right-of-way to be dedicated to the Village. Any service lines from the main distribution lines shall be installed under the roadbed. Such extensions of service shall be made by the utility companies in accordance with the provisions of this article and the regulations enacted by the New York State Public Service Commission.
Before any building permits shall be issued by the Code Enforcement Officer in new residential subdivisions, multiple residence developments or planned unit developments, the developer shall submit to the Village Engineer a map of the development showing the location of all streetlighting facilities, which map shall also be approved by the Orange and Rockland Utilities, Inc.
No underground installation of utility facilities shall be permitted and no streetlighting facilities shall be installed until the plans are approved by the Village Engineer. The Village Engineer shall require the developer to first receive approval of the plans from the utility company which is to render service in the subdivision before he approves the plans. Where possible, such plans should be submitted to the Planning Board prior to receiving final subdivision approval, but where final subdivision approval has been given by the Planning Board, such plans for the underground installation of utility facilities and the erection of streetlighting facilities shall first be approved before any building permit shall be issued. Before any Village road is accepted for dedication by the Village Board, and approved by the Superintendent of Highways and the Village Engineer, the developer shall provide as-built drawings in accordance with standards established by the Village Engineer and on file in the Building Department, showing final location of the underground installations.
Where utilities are installed underground in Village roads and it becomes necessary to open up the ground to make repairs, then the utility company shall first obtain a permit from the Superintendent of Highways authorizing it to work in the road. Before such permit shall be issued by the Superintendent of Highways, he shall first require the utility company to furnish a cash bond to guarantee the restoration of the road to the satisfaction of the Superintendent of Highways and the Village Engineer.
This article shall apply to all unbuilt residential subdivisions, multiple residence developments and planned unit developments.
Where the Village Board determines that the circumstances do not require the strict enforcement of this article, then the Village Board under such circumstances shall have the right to waive any and all sections of this article. This article shall not apply to utility systems owned and operated by the Village of Woodbury.