In those cases where the developer has indicated that the street will remain in private ownership, statements of maintenance responsibility will have been required in accordance with § 101-30 of this chapter, prior to plat approval.
When an offer of cession of the street to the public is made
and has been accepted, the Planning Board shall require the developer
to present written agreements or other documents satisfactory to the
Village Attorney, providing for and fixing responsibility for the
maintenance of the bonded street in all-weather passable condition,
including snow removal and sanding, during the period prior to the
acceptance of the fully completed street as a Village street by the
Village Board. Such maintenance responsibility shall also include
adjoining public or private streets wherein the developer has or will
have done any construction work in connection with said subdivision.
In the event that, when proceeding either under § 101-34 or 101-35 above, said streets are not continuously maintained in all-weather passable condition, except for snow removal, the Village Engineer shall notify the developer by telephone or telegram, confirmed in writing, (certified mail, return receipt requested) as to the nature of the deficiency and the action necessary to return the street to such condition. During the term of the performance bond, failure of the developer to proceed with effective remedial action shall be cause for the Village Engineer, upon authorization by the Board of Trustees, to have the necessary work done. The charges for such work shall be reimbursed out of the performance bond required under Article IV of this chapter.
