Prior to an action by the Planning Board approving a final plat, the applicant, at his own expense and without reimbursement by the Village, shall have installed or shall furnish performance guarantees for the ultimate installation of certain street, sanitary, and other improvements as specified in the conditional approval of the preliminary plat, and as outlined below, in accordance with this chapter; Chapter 173, Streets and Sidewalks; and the construction standards described in § 115-5 of the Village Code.
A.
Streets.
(1)
Streets shall be graded and improved as noted below,
with such grading and improvements to conform to the Village minimum
specifications for roads, sidewalks, etc., and which shall be approved
as to design and specifications by the Village Engineer or other appropriate
representative of the Village.
(2)
The following are the minimum improvements to be installed
in the right-of-way of a street:
B.
Public utility installations.
(1)
The developer shall be responsible for the installation
of the following improvements, which shall be connected to an approved
system and shall be adequate to handle all present and probable future
development:
(3)
Underground utility lines, if placed in the right-of-way
of a street, shall be located between the curb and the property line
to simplify the location and repair of such lines, and the subdivider
shall install underground service connections to the property line
of each lot before the street is paved. Utility services carried on
pole lines shall be located along rear lot lines with easements provided
and adequately documented for maintenance and tree trimming.
D.
Monuments. Permanent monuments shall be set at block
corners and at intervals of approximately 500 feet or such other distance
as the Planning Board may determine appropriate, and their location
shall be shown on the final plat. Iron pipes shall not be considered
permanent monuments for the purpose of these regulations.
E.
Protection of topsoil. No topsoil shall be removed
from the site or used as spoil. Topsoil moved during the course of
construction shall be redistributed so as to provide at least six
inches of cover to all areas of the subdivision and shall be stabilized
by seeding or planting on the slopes of less than 12% as shown on
the final grading plan and shall be stabilized by sodding on slopes
of 12% or over as shown on the final grading plan.
F.
Inspection of improvements.
(1)
All of the above-listed improvements shall be subject to inspection and approval by the Village Engineer (or other appropriate Village representative as determined by the Planning Board and named in the resolution approving the final plat, including any consultants hired by the Village and funded by the project escrow account established pursuant to § 38-1B of the Village Code), who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
(2)
If the Village Engineer or other appropriate Village
representative finds, upon inspection, that any of the required improvements
have not been constructed in accordance with the approved construction
detail sheets, the applicant and the bonding company will be severally
and jointly liable for the costs of completing said improvements according
to specifications.
(3)
The Village Engineer or other appropriate Village
representative as determined by the Planning Board and named in the
resolution approving the final plat shall act as an agent of the Planning
Board for the purposes of assuring the satisfactory completion of
improvements required by the Planning Board.
(4)
The Village Engineer or other appropriate Village
representative shall determine an amount sufficient to defray costs
of inspection, which sum shall be paid to the Village by the applicant
before the final plat is signed.
A.
After adoption of a resolution approving a final subdivision
plat and before the plat is endorsed by the Planning Board, 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.
B.
As an alternative, the applicant may file with the Village Clerk a bond in an amount fixed by the Planning Board in its resolution as sufficient to secure to the Village the satisfactory construction, installation and completion of the required improvements. Such performance guarantee shall comply with the requirements of Article 7 of Village Law and shall be satisfactory to the Village Attorney as to form, sufficiency, and execution. Such performance guarantee shall be issued by a bonding or surety company approved by the Village Board or by the owner with security acceptable to the Village Board. The term of such bond shall be fixed by the Planning Board but in no case for a period longer than three years. Such term may be extended, however, with the consent and agreement of all parties. Such bond shall state the period within which the required improvements must be completed, which period shall be that specified in the Planning Board resolution. All improvements shall be completed to the satisfaction of the Planning Board in accordance with the approved construction plans and the requirements of these regulations and the construction standards described in § 115-5 of the Village Code.
C.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements
are not completed within the period specified in the Planning Board
resolution of approval, 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.
(2)
Where a bond is filed. If all required improvements
are not completed within the term specified by the Planning Board
and set forth in the filed bond and if no application for the extension
of such period and bond has been made by the applicant and approved
by the Planning Board, the Planning Board may thereupon declare said
bond to be in default and collect the sum remaining payable thereunder,
and upon receipt of the proceeds thereof, the Village shall install
such improvements as are covered by the bond and are commensurate
with the extent of the building development that has taken place in
the subdivision but not exceeding, in cost, the amount of such proceeds.
D.
Modification of bond.
(1)
Extension of period specified in bond. The time period
specified for the completion of all required improvements, as set
forth in the bond, 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 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. 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.
E.
The performance guarantee shall in all cases extend
for a period of two years beyond the date of completion of the required
improvements to assure their satisfactory condition. Any defects in
the construction or faulty equipment shall be repaired or replaced
by the applicant without cost to the Village.
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 Planning Board may modify the terms and conditions of the approval
so as to require such change as may be necessary to comply with the
spirit and intent of the Planning Board's original approval and to
conform to accepted engineering practices. If such modification affects
the scope of work covered by a bond, the Planning Board may require
or allow appropriate modification of such bond.
G.
Guarantees by utility companies. As to utilities required
by the Planning Board, the Planning Board may accept assurance for
such public utility company whose facilities are proposed to be installed.
Such assurance shall be in writing, addressed to the Planning Board,
stating that such public utility company will make the installations
necessary for the furnishing of its services within a specified time,
in accordance with the approved construction detail sheets.
A.
Inspection required. The Building Inspector, or his designee (including any consultants hired by the Village and funded by the project escrow account established pursuant to § 38-1B of the Village Code), 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 Building Inspector determines that any of the required improvements have not been constructed in accordance with the approved plan and other applicable laws and regulations, as well as any other applicable approvals, the applicant shall be responsible for properly completing said improvements. Failure of the Building Inspector to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of its responsibilities related to the proper construction of such improvements.
B.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements
during construction, the applicant shall notify the Building Inspector,
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 Building Inspector or his designee.
In the case of any other improvements, the Building Inspector; 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.
C.
Certificate of construction. At such time as the applicant
has completed construction of all required improvements, he shall
furnish to the Building Inspector 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 Building Inspector, 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.
D.
Inspection fee. To offset the cost 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 Ardsley, in an amount as set by resolution of the Planning Board.
A.
The approval by the Planning Board of a final plat
shall not be deemed to constitute or imply the acceptance by the Village
of any street, park, playground or other open space shown on said
plat.
B.
Offers of dedication. All streets and reservations
shall be indicated on the plat. In accordance with § 7-732
of 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 reservations, or any of them, is made to the public. All
offers of cession to the public of all streets and reservations not
so marked shall be filed with the Planning Board at the time of submission
of the final application.
C.
Petition for dedication. Upon completion of the subdivision
and the road(s), a petition in the form required by the Village shall
be filed for the acceptance of any reservations or easements.
D.
Acceptance by Village. Acceptance of any offer of
cession of streets or reservations 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 formal 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.
E.
Maintenance. In the event that no offer of cession
to the public is made for the streets or reservations 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 the Planning Board's 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.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond unless it is determined by the Planning Board
all of the following conditions have been complied with:
A.
Status of street improvements. The improvement of
the street or streets giving access to the structure has progressed
to a stage deemed adequate by the Planning Board to render safe all-weather
vehicular access for both routine and emergency purposes.
B.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the Planning Board. (If the street is not to be offered for dedication to the Village, such an agreement will have been required in accordance with § 175-14 of these regulations.)
C.
Fees; escrow. Prior to the issuance of a certificate of occupancy, all applicable professional review fees, environmental fees, inspection fees, and other Village fees related to the application shall be paid to the Village. Should the project escrow account (established pursuant to § 38-1B of the Village Code) be exhausted prior to the issuance of a certificate of occupancy, no further action shall be taken on the application until the escrow account is replenished.
A.
Copies of all final, accepted covenants, easements,
or deed restrictions that are intended to apply to all or any part
of the proposed subdivision or resubdivision and any other items required
by the Planning Board shall be submitted by the subdivider to the
Planning Board and the Village Attorney prior to final subdivision
approval.
B.
Where title to land designated for parks, recreation
areas or open space is to remain for the subdivider or reserved by
covenant for the common use of the property owners of the subdivision
or resubdivision, the subdivider shall submit copies of agreements
or other documents showing the manner in which such areas are to be
maintained and the provision made therefor to the Village Attorney
for approval prior to final subdivision approval. All agreements and
covenants governing the maintenance of such undeeded parcels of land
shall be in a form acceptable to the Village Attorney as to their
legal sufficiency. The final subdivision plat of any subdivision or
resubdivision shall not be executed until the provisions of this section
are complied with.
The subdivider shall submit a copy of the full
scale Tax Map(s) on which the location and layout of the proposed
subdivision or resubdivision, including all lots, streets, parks,
playgrounds, open spaces and easements, have been clearly shown to
scale as part of the subdivision process.
