A.
Endorsement of final plat.
(1)
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, except the final street wearing course and sidewalks
or, as an alternative, file with the Board of Trustees a letter of
credit 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 one year 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 and the
requirements of these regulations.
(2)
The irrevocable letter of credit to be delivered by the applicant
to the Village of Hewlett Bay Park shall be from a bank having an
office in Nassau County and having capital in the minimum amount of
$50,000,000. Said letter of credit shall authorize payment to the
Village of Hewlett Bay Park upon sight drafts accompanied by the written
certification of the Planning Board Chairman that the required improvements
have not been completed to the satisfaction of the Village engineer
within one year of the date of the Planning Board resolution. Such
sight drafts shall be in the aggregate amount of all expenses incurred
by the village for the provision of required improvements. In the
event that the applicant has elected to deposit cash with the Village
of Hewlett Bay Park in lieu of such letter of credit, the village
shall be authorized to pay for the expenses of provision of the required
improvements and out of such cash, and any excess cash remaining after
the completion of such improvements shall be returned to the applicant.
B.
Issuance of building permits and certificates of occupancy.
(1)
No building permits shall be issued until such time as all required
public improvements except for final road wearing courses and sidewalks,
if required, are completed to the satisfaction of the Village Engineer.
Thereafter, homes and building permits and certificates of occupancy
for additional lots other than the final 10% of all lots may be issued
upon the applicants delivering to the Village of Hewlett Bay Park,
for each lot, an irrevocable letter of credit in favor of the Village
of Hewlett Bay Park in form and manner of execution satisfactory to
the Village Attorney in an amount equal to twice the total cost of
the final road wearing course and sidewalks, if required, divided
by the number of lots in the subdivision or, in lieu of such letter
of credit, upon the applicant's depositing such amount of cash with
the Village of Hewlett Bay Park. 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 Village Engineer and
dedicated to the Village of Hewlett Bay Park.
(2)
The irrevocable letter of credit to be delivered by the applicant
to the Village of Hewlett Bay Park shall be from a bank having an
office in Nassau County and having capital in the minimum amount of
$50,000,000. Said letter of credit shall authorize payment to the
Village of Hewlett Bay Park upon sight drafts accompanied by the written
certification of the Planning Board Chairman that the final road wearing
courses and sidewalks have not been completed to the satisfaction
of the Village Engineer within the earlier of the following two periods;
one year 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 sight drafts shall
be in the aggregate amount of all expenses incurred by the village
for the provision of final road wearing courses and sidewalks. In
the event that the applicant has elected to deposit cash with the
Village of Hewlett Bay Park in lieu of such letter of credit, the
village shall be authorized to pay for the expenses of provision of
final road wearing courses and sidewalks out of such cash, and any
excess cash remaining after the completion of such final improvements
shall be returned to the applicant.
C.
Failure to complete improvements.
(1)
Where a letter of credit 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 letter of credit is filed. If all required improvements are
not completed within the term specified by the Planning Board and
set forth in the filed letter of credit and if no application for
the extension of such period and letter of credit 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 arrange for the completion of such improvements by a contractor
or contractors of its choice and shall pay for such improvements by
sight drafts drawn upon such letter of credit. 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.
D.
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 and after
due notice and public hearing, 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 by an appropriate
amount so that the new amount will cover the cost in full of all required
improvements remaining to be completed.
E.
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 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 of his 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
shall certify to the Planning Board that the work was inspected by
him and whether it 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, the applicant 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, catchbasins, 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
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 Hewlett Bay
Park, as shown on the fee schedule adopted by the Board of Trustees.
D.
Maintenance of improvements. 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 the same
to the applicant. The applicant shall be required to file a maintenance
letter of credit with the Board of Trustees, prior to dedication,
in an amount considered adequate by the Planning Board 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 the 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
and the consent of the Planning Board, 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 in a form to be approved by the
Village Attorney.
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 or vary, 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 applicant shall pay his share of the costs
of the future improvements to the village in escrow prior to signing
of the final subdivision plat. 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 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.
