A.
After adoption of a resolution by the Planning Board approving a subdivision plat, and prior to the signing called for in § 101-21 of this chapter, the applicant shall be required to complete all improvements specified in the resolution and to maintain such improvements for a period of two years from the date of their completion or, as an alternative, to file with the Village Board a bond or cash or both in an amount 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 bond shall be satisfactory to the Village Attorney as to form, sufficiency and manner of execution.
B.
Said improvements shall be constructed in accordance with the terms
of the Planning Board's resolution of approval to the standards specified
in this chapter and construction specifications required by the Village
Board, or such other standards as the Planning Board may specify,
to the satisfaction of the Village Engineer. Said improvements shall
be completed within a period of one year or such other period as the
Planning Board may deem appropriate from the date of the resolution,
and such period shall be expressed in the resolution.
If the applicant elects to file a performance bond, such bond shall comply with the requirements of the Village Law and shall be posted prior to the signing of the subdivision plat. The amount of the bond and the period within which the requirement improvements must be completed, shall be conditioned on the satisfactory completion of all required improvements within such period, although the Planning Board may require that the bond also be conditioned on the completion of certain phases of construction within such shorter period as may be specified in the Board's resolution. The bond shall also provide that an amount determined adequate by the Planning Board shall be retained for a period of two years after the date of completion of the required improvements to assure their satisfactory condition; and that the street be maintained in all-weather passable condition, if certificates of occupancy are issued during the term of the bond. The Planning Board may recommend to the Village Board that a certain proportion of the amount of the bond posted with the Village shall be in cash or equivalent to be used for the immediate reimbursement of the Village of any expenses incurred pursuant to Article VII of this chapter.
All required improvements shall be made by the applicant, at
his expense, without reimbursement by the Village or any district
therein.
A.
Where a performance bond is not posted, if the improvements are not
completed within the period specified by the Planning Board in the
resolution approving the subdivision plat, the approval shall be deemed
to have expired. The applicant may reapply for approval of his proposed
subdivision in accordance with this chapter.
B.
Where a performance bond is furnished, if the improvements are not
completed within the terms of such performance bond and if no application
for the extension of the bond has been made by the developer and approved
by the Planning Board, the Village Board may thereupon declare said
bond to be in default.
A.
The Village Engineer 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 established by resolution
of the Board of Trustees, plus an additional percentage of the cost
of capital improvements, as established by the Board of Trustees,
if such improvements are required by the Planning Board. The subdivision
plan shall not be signed by the Chairman of the Planning Board until
such fee is paid.
[Amended 1-11-1976; 4-14-1992 by L.L. No. 2-1992; 9-17-2002 by L.L. No.
3-2002]
B.
If the Village Engineer finds upon inspection that any of the required
improvements have not been constructed in accordance with this chapter
and the approved construction plans, the applicant shall be responsible
for completing said improvements. Wherever the cost of improvements
is covered by a performance bond, the applicant and the bonding company
shall be severally and jointly liable for completing said improvements
according to specifications.
C.
In the case of a new street or a change in an existing street, the
applicant shall notify the Village Engineer that the construction
of the required improvements is ready for inspection at the stages
of construction set forth below. No construction shall be commenced
or will be approved without such notification and inspection. Such
notification shall be given within two working days of the completion
of each phase of construction, and no work shall proceed on the subsequent
construction stage until the prior stage has been completed to the
satisfaction of the Village Engineer. Any violation of the procedure
shall be grounds for the Village Engineer to issue an order stopping
all construction. The owner, general contractor and street contractor
shall be jointly, severally and individually liable for any additional
engineering fees incurred by reason of any such violation. Inspection
shall be conducted upon:
(1)
Commencement of and completion of the cutting of brush and trees,
the removal of stumps and the removal of all topsoil within the roadbed
areas for storage; and the removal of any wet, unstable soil to any
depth required, until a firm base of suitable subsoil remains for
the roadbed.
(2)
Commencement of and completion of the rough grading of the roadbed
and the installation of the street base and drainage structures, and
the required grading of the side banks, shoulders and other grading
areas. Culverts, headwalls, catch basins and other similar elements
are not to be covered until examined by the Village Engineer. At the
discretion of the Village Engineer, the subdivider may be required
to provide a certified survey attesting to the conformity of the work
theretofore done to the plat.
(3)
Commencement of and completion of the installation of curbs.
(4)
Commencement of and completion of the placement of the two courses
of asphaltic pavement, compacted and crowned as specified; the covering
of headwalls, culverts and catch basins and the finished grading of
shoulders and banks; and the placing of topsoil, where necessary.
The Village Engineer may require that test holes be dug in order to
inspect pavement thickness and type or that pins and string lines
or other control devices shall be set up to assure that the required
courses conform accurately to the proper line, grade and cross section.
(5)
Commencement of and completion of the application of the seal coat,
the cleaning up of shoulders, the seeding of banks and other disturbed
areas and the installation of street signs.
(6)
Completion of all required improvements.
D.
Road construction and inspection shall be conducted in multiples
of 500 feet. The Village Engineer, upon written request, may authorize
street construction and inspection for lesser or greater distances.
E.
In order to facilitate the inspection procedure, all roads shall
be staked during construction at each side of the street right-of-way
and at intervals of approximately 50 feet, except where a shorter
distance is required on curves, and each stake shall be marked with
the appropriate station number consistent with the corresponding station
number shown on the construction plans.
F.
Written certification shall be made to the Planning Board by the
Village Engineer at the completion of the above-mentioned successive
stages of work, stating the date of each inspection and the fact that
the work, when inspected, was in accordance with the approved plans
and specifications. A copy of each of the notices of certification
shall also be transmitted to the Village Building Inspector.
G.
Failure of the Village Engineer to carry out inspections of required
improvements will not in any way relieve the applicant or the bonding
company of their responsibilities.
A.
Electric and telephone wires shall be installed underground, except
that the Planning Board may waive this requirement at the request
of the applicant in cases where the Board shall determine that the
installation of underground service will result in practical difficulty
or hardship. In making such determination, the Board shall take into
account the following:
B.
The Planning Board may grant a full or partial waiver of this requirement
and, in approving such waiver, shall alternatively require the installation
of electric and telephone wires on poles within the street right-of-way
or along rear property lines as conditions warrant, or may require
a combination of underground and overhead service. Any installation
shall be coordinated with other underground improvements where required
by the Planning Board.
A.
When the subdivider has completed construction of all required streets
and improvements and requests the Village Engineer to make a final
inspection, such request shall be accompanied by one of the following:
three copies of the construction plans and the subdivision plat, modified
where necessary; or three copies of a new construction plan and plat;
either pair of which shall show the actual location of the required
improvements as constructed. Specifically, such plan and plat shall
show:
(1)
The center line of the right-of-way.
(2)
The center line and edges of the traveled way at one-hundred-foot
intervals and at points of curvature and tangency.
(3)
Profiles of the finished surface of the traveled way at fifty-foot
intervals along the center line.
(4)
The amount of street crown by gutter and center-line grades.
(5)
The locations of all catch basins and headwalls, by the plus and
offset method, and the elevations of the top, the pipe invert and
the sump invert.
(6)
The locations of all culvert pipes, with length, diameter and material.
(7)
The location of spilloffs.
(8)
The location of drainage easements.
(9)
The center line and the edges of the traveled way at a turnaround.
The location of the center of the turnaround. The elevation of the
outer edges of the turnaround at each side and at the farthest end.
(10)
The location of edges of pavement returns at street intersections.
(11)
The grades of all slopes along the street.
(12)
The location of all monuments.
(13)
Any other information or data requested by the Village Engineer.
B.
Such plan and plat shall bear a dated certification by a licensed
surveyor or professional engineer, to the effect that the data shown
thereon was accurately determined by a field survey.
C.
The Village Engineer shall make his inspection and submit his report
thereon to the Planning Board and Building Inspector. He shall include
the modified plans with his comments.
A.
All streets, parks and required easements shall be indicated on the
plat. A formal offer of cession to the public of all streets and parks
to be offered to the public shall be filed with the Planning Board
prior to approval of the plat by 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 and parks, or any of them,
is made to the public.
B.
Acceptance of any such offer of streets and parks shall rest with
the Village Board. In the event that the applicant shall elect not
to file the plat in the office of the County Clerk, within the approval
period provided by law, then such formal offer of cession shall be
deemed to be void.
C.
With respect to streets and parks not offered to the public, there
shall be submitted with the plat copies of agreements or other documents
providing for, and fixing responsibility for, their suitable maintenance
and statements of all rights which exist with respect to the use of
such property.
[Amended 1-21-1971]
D.
With respect to streets and parks and all required easements, there
shall be presented to the Planning Board, prior to approval of the
plat, agreements permitting entry by the public for installing required
improvements in the event of nonperformance under the terms of the
bond.
[Amended 1-21-1971]
