Following an action by the Planning Board approving
a subdivision plat and before the plat is signed by the Chairman or
other authorized official of the Board, the applicant shall complete,
in accordance with the Planning Board's decision and to the satisfaction
of the village's engineer or any other official authorized by law
to act, all street, sanitary and other improvements specified in the
action approving said plat, or, as an alternative, to file with the
Board of Trustees a bond estimated by the Planning Board as sufficient
to secure to the village the satisfactory construction and installation
of the uncompleted portion of the required improvements. Such performance
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.
A. Time for completion of improvements. A period of one
year, or such other period as the Planning Board may determine as
appropriate, shall be allowed for the completion of all required improvements.
This time period shall be expressed in the performance bond, if such
is filed. The bond shall provide that an amount determined as adequate
by the Planning Board shall be retained for a period of one year,
or such other period as the Planning Board may determine after the
date when all required improvements have been completed, as certified
by the village's engineer, or any other official authorized by law
to act, to assure the satisfactory condition of such improvements.
B. Failure to complete improvements. Where no performance
bond is filed and the required improvements are not completed by the
applicant within the period specified by the Planning Board in its
approval of the subdivision plat, said 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 a performance
bond has been filed and the required improvements have not been installed
within the time period specified by the bond, the bond may be declared
in default.
C. Costs to be borne by applicant. All required improvements
shall be made by the applicant at his expense, without reimbursement
by the village.
D. Modification of design of improvements.
(1) If at any time before or during the construction of
the required improvements it is demonstrated to the satisfaction of
the Planning Board that unforeseen conditions make it necessary or
preferable to modify the location or design of any such improvements,
the Planning Board may authorize, by resolution, such modifications
upon written request of the applicant, provided that such modifications
are within the spirit and intent of the Planning Board's approval
and do not extend to the waiver or substantial alteration of the function
of any improvement required by the Planning Board.
(2) A copy of the Planning Board's resolution shall be
transmitted to the applicant. If, in the opinion of the village's
engineer, such modification would affect the scope or nature of the
work covered by a performance bond, the Planning Board shall not authorize
such modification without the necessary modification of the performance
bond and surety.
E. Waiver of required improvements. The Planning Board
may waive, for such period as it may determine, the provision of any
or all such improvements as, in its judgment, are not necessary in
the interests of the public health, safety and general welfare. In
the case of each waiver granted, the Planning 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 guaranties as may be necessary to protect the public interest.
F. Reduction of bond. An applicant may request, in writing,
that the Planning Board authorize a reduction in the amount of the
bond. Such request shall itemize the extent of required improvements
already completed, the estimated cost of improvements remaining to
be completed and the amount of bond reduction requested. Then, upon
approval of the Village Board and after the due notice and the public
hearing, the Planning Board may, if it determines that sufficient
required improvements have been installed to warrant such action,
reduce the face amount of the bond by an appropriate amount so that
the new amount will cover the cost in full of all required improvements
remaining to be completed, and any security deposited with the bond
may be reduced proportionately.
G. Inspection of improvements.
(1) The village's engineer or any other official authorized
by law to act shall inspect required improvements during construction
to assure their satisfactory completion, and the Planning Board shall
require a certificate from such official stating that all required
improvements have been satisfactorily completed. The applicant shall
pay to the village an inspection fee as determined by the Village
Board, and the final plat shall not be signed by the Chairman and
the Secretary of the Planning Board until such fee has been paid.
(2) If the village's engineer or any other official authorized
by law to act finds upon inspection that any of the required improvements
have not been constructed in accordance with the approved plans, the
Planning Board shall notify the applicant, in writing, and the applicant
shall be responsible for completing said improvements according to
specifications. Failure of the village's engineer or other duly designated
official to carry out inspections of required improvements during
construction shall not in any way relieve the applicant or the bonding
company of their responsibilities.
H. Inspection of stages of construction. In order to
facilitate inspection of required improvements during construction,
the applicant shall notify the village's engineer, or other official
authorized by law to act, before he proceeds with each of the following
stages of construction:
(1) At least three working days before backfilling of
underground drainage facilities and/or underground utilities.
(2) At least three working days before placing the gravel
foundation course of roads.
(3) At least three working days before paving or surface
treating of roads.
(4) After completion of all improvements.
I. Certification of construction. When the applicant
has completed construction of the required improvements and requested
the inspection of these improvements, such request shall be accompanied
by three copies of the as-built plans approved by the Planning Board,
upon which plans shall be shown the actual location of the improvements
as constructed. Such plans shall show the edges of pavement, all drainage
structures, water and sewer lines, hydrants and the profile of the
pavement at center line and both edges. Such plan shall bear a dated
certification by a licensed surveyor or professional engineer 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 the situation
is corrected.