A.
Full compliance with the provisions of Article 7 of the Village Law,
with applicable provisions of the Public Health Law and with this
chapter concerning the preparation of a subdivider's sketch plan,
preliminary plat, vicinity map and subdivision plat, except where
variations of these regulations may be expressly authorized by the
Planning Board, is necessary for the information of the Board and
of the public at public hearing(s) as provided in this section. Due
care in the preparation of the maps and other information called for
will expedite the process of obtaining the Board's decision concerning
the formal subdivision plat. Attention is specifically directed to
the requirements of § 334 of the New York State Real Property
Law and § 136 of the New York State Highway Law.
B.
When any subdivision of land or line change is proposed and before
any sale of subject land or any offer to sell any part thereof or
any grading, clearing, construction or other improvement is undertaken
thereon, the subdivider (the owner, duly authorized contract vendee
or the duly authorized agent of either) shall apply by submitting
the appropriate application form and required fee for approval of
such proposed plat in accordance with the following procedures.
Categories of plat approvals are as follows:
A.
Boundary line change [transfer of property between two contiguous
owners; no new lots created]. Follow sketch plan procedure, modified
at the discretion of the Planning Board. The Board may, at its discretion,
grant approval after the review procedure has been completed.
B.
Two-lot subdivision [cannot be resubdivided to another two-lot subdivision
within one year]. Follow sketch plan procedure, modified at the discretion
of the Planning Board. The Board may, at its discretion, grant approval
after the review procedure has been completed.
C.
Minor subdivision [three or four lots]. Follow sketch plan and final
plat approval procedures.
D.
Major subdivision [five lots or more]. Follow sketch plan, preliminary
and final plat approval procedures.
A.
Sketch plan (applicable to all categories of plat approvals).
(1)
Submission of sketch plan. Any subdivider shall, prior to subdividing or resubdividing land, submit to the Village Clerk, at least 10 days prior to the regular meeting of the Planning Board, an application and a fee of $25, together with two copies of a sketch plan of the proposed subdivision, which shall comply with the requirements of § 139-10, for the purposes of classification and preliminary discussion, one print to be for the Planning Board Chairman and one print to be for the Code Enforcement Officer[1] and a third print for the Orange County Department of Planning, as required in the following Subsection B(5).
[1]
Editor's Note: Pursuant to a decision by the Village, the
title "Building Inspector" has been changed to "Code Enforcement Officer"
throughout the chapter.
(2)
Upon submission of a sketch plan to the Village Clerk, the applicant
shall cause to be posted a notice of the pendency of an application
before the Planning Board on the property subject to the application.
Such posting shall be near the public right-of-way so as to be visible
and legible from the street or sidewalk.
[Added 10-15-2007 by L.L. No. 3-2007[2]]
[2]
Editor's Note: This local law also provided for the redesignation
of former Subsection A(2) through (4) as Subsection A(3) through (5),
respectively.
(4)
Study of sketch plan. The Planning Board shall, within 30 days, determine
whether the sketch plan meets the purposes of this chapter and shall,
where it deems it necessary, make specific recommendations, in writing,
to be incorporated by the applicant in the next submission, if any,
to the Planning Board.
(5)
Final approval of the sketch plan in the case of both a boundary
line change or two-lot subdivision. Following the completion of the
sketch plan procedure, in the case of both a boundary line change
or two-lot subdivision, the Planning Board may, at its discretion
and by resolution, grant final approval to the sketch plan, but, prior
to its approval, the Planning Board may require the sketch plan to
be properly endorsed by a licensed land surveyor or licensed engineer.
After all requirements and conditions of the resolution pertaining
to the sketch plan have been satisfied, the Chairman of the Planning
Board shall sign the sketch plan. If not filed or recorded in the
office of the County Clerk within 90 days of the date upon which such
plat is approved, the plat shall become null and void. The Planning
Board may extend the time for filing and recording such plat if, in
its opinion, such extension is warranted by the particular circumstances
thereof, for not to exceed two additional periods of 90 days each.
B.
Minor subdivision, final plat approval.
(1)
Application and fee. Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The plat shall conform to the layout shown on the sketch plan, plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in § 139-11. Said application shall be accompanied by the fee prescribed in the schedule of fees adopted by resolution of the Board of Trustees.
[Amended 11-17-1986 by L.L. No. 2-1986]
(2)
Number of copies. Five copies of the subdivision plat shall be presented
to the Village Clerk at least 10 days prior to a scheduled monthly
meeting of the Planning Board.
(3)
Subdivider to attend Planning Board meeting. The subdivider, or his
duly authorized representative, shall attend the meeting of the Planning
Board to discuss the subdivision plat.
(4)
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for plat approval, complete and accompanied by the required fee and all data required by § 139-11 of this chapter, has been filed with the Village Clerk.
(5)
Endorsement of state and county agencies. If the site borders a county
or state road, copies of the submission shall be forwarded by the
Village Clerk to the Orange County Department of Public Works and/or
the Regional Office of the New York State Department of Transportation
in time for their comments to be returned and read into the minutes
of the public hearing. If the site lies within 500 feet of a county
or state road, drainage easement, institution or park or within 500
feet of a municipal boundary, a copy of the submission shall be forwarded
by the Village Clerk to the Orange County Department of Planning in
time for its comments to be returned and read into the minutes of
the public hearing. Further, if the site lies within 500 feet of the
Palisades Interstate Park, a copy of the submission shall be forwarded
by the Village Clerk to the Palisades Interstate Park Commission in
time for its comments to be returned and read into the minutes of
the public hearing.
(6)
Other referrals. If the site for subdivision occurs within 500 feet
of the Village boundary, a copy of the plat shall be sent by the Village
Clerk to the appropriate municipal official of the adjoining community.
Any written communication will be considered if received prior to
the public hearing date on the plat.
(7)
Public hearing. A public hearing shall be held by the Planning Board
on all plats submitted in final form to the Planning Board. The hearing
must be advertised at least once in one of the official newspapers
of the Village and a notice of hearing posted in at least three prominent
places at least five days before such hearing, and notice thereof
must be posted by mail to the owners of property within 300 feet of
the proposed subdivision and to any other persons whom the Board may
deem to be particularly effected. Said advertisement shall be submitted
by the Village Clerk, and the affidavit of posting shall be provided
by the applicant, and the notification of adjacent land-owners shall
be made by the applicant. The costs of advertising and holding such
public hearing shall be paid by the applicant.
(8)
At least five days before such hearing, the applicant shall cause
to be posted a notice of the pendency of an application before the
Planning Board on the property subject to the application. Such posting
shall include the date, time and place of the hearing, and any adjourned
date thereof, and shall be near the public right-of-way so as to be
visible and legible from the street or sidewalk.
[Added 10-15-2007 by L.L. No. 3-2007[4]]
[4]
Editor's Note: This local law also provided for the redesignation
of former Subsection B(8) and (9) as Subsection B(9) and (10), respectively.
(9)
Action on subdivision plat. The Planning Board shall, within 60 days
from the time of submission, as deemed above, approve, modify and
approve or disapprove the final plat. The Board shall specify, in
writing, its reasons for any such disapproval. In the event that the
hearing is not held or if the Board fails to disapprove the minor
subdivision plat within the 60 days prescribed above, the plan shall
be deemed approved.
(10)
Filing. Upon approval, the final plat shall be properly signed
by the duly authorized person or persons and shall be filed by the
applicant in the office of the County Clerk. Any minor subdivision
plat not so filed or recorded within 90 days of the date upon which
plat is approved, or considered approved by reason of the failure
of the Planning Board to act, shall become null and void.
C.
Major subdivision, preliminary plat approval.
(1)
Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary plat of the proposed subdivision, in the form described in § 139-12 hereof. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of § 7-728 of the Village Law and § 139-12 of this chapter, except where a waiver may be specifically authorized by the Planning Board. Said application shall be accompanied by the fee prescribed in the schedule of fees adopted by resolution of the Board of Trustees.
[Amended 11-17-1986 by L.L. No. 2-1986]
(2)
Number of copies. The application for approval of the preliminary plat, complete with five copies of the preliminary plat and accompanied by the required fee and all data required by § 139-12 of this chapter, shall be filed with the Village Clerk at least 10 days prior to a regular monthly meeting of the Planning Board. A proposed submission which does not include all the required drawings and documents will not be accepted for filing.
(3)
Subdivider to attend Planning Board meetings. The subdivider, or
his duly authorized representative, shall attend the meeting of the
Planning Board to discuss the preliminary plat.
(4)
Study of preliminary plat. The Planning Board shall study the practicability
of the preliminary plat, taking into consideration the requirements
of the community and the best use of the land being subdivided. Particular
attention shall be given to the arrangement, location and width of
streets, their relation to the topography of the land, water supply,
sewage disposal, drainage, lot sizes and arrangement, the future development
of adjoining lands as yet unsubdivided and the requirements of the
Comprehensive Development Plan, the Official Map and Zoning Law,[5] if such exist.
(5)
Endorsement of state and county agencies. If the site borders a county
or state road, copies of the preliminary submission shall be forwarded
by the Village Clerk to the Orange County Department of Public Works
and/or the Regional Office of the New York State Department of Transportation
in time for their comments to be returned and read into the minutes
of the public hearing. If the site lies within 500 feet of an existing
or proposed county or state road, drainage easement, institution or
park or within 500 feet of a municipal boundary, a copy of the preliminary
submission shall be forwarded by the Village Clerk to the Orange County
Department of Planning not less than 10 days prior to a hearing so
that its comments may be returned and read into the minutes of the
public hearing. Further, if the site lies within 500 feet of the Palisades
Interstate Park, a copy of the submission shall be forwarded by the
Village Clerk to the Palisades Interstate Park Commission in time
for its comments to be returned and read into the minutes of the public
hearing.
(6)
Other referrals. If the preliminary plat for subdivision of land
occurs within 500 feet of the Village boundary, a copy of the preliminary
plat shall be sent by the Village Clerk to the appropriate municipal
official of the adjoining community. Any written communication will
be considered if received prior to the public hearing date on the
preliminary plat.
(7)
Preliminary public hearing. The Planning Board may, in its discretion,
hold a public hearing after the receipt of such plat by the Village
Clerk. The hearing must be advertised at least once in one of the
official newspapers of the Village and a notice of hearing posted
in at least three prominent places at least five days before such
hearing, and notice thereof must be posted by mail to the owners of
property within 300 feet of the proposed subdivision and to any other
persons whom the Board may deem to be particularly affected. Said
advertisement shall be submitted by the Village Clerk, and the affidavit
of posting shall be provided by the applicant, and the certification
of adjacent landowners shall be made by the applicant. The costs of
advertising and holding such public hearing shall be paid by the applicant.
(8)
At least five days before such hearing, the applicant shall cause
to be posted a notice of the pendency of an application before the
Planning Board on the property subject to the application. Such posting
shall include the date, time and place of the hearing, and any adjourned
date thereof, and shall be near the public right-of-way so as to be
visible and legible from the street or sidewalk.
[Added 10-15-2007 by L.L. No. 3-2007[6]]
[6]
Editor's Note: This local law also provided for the redesignation
of former Subsection C(8) and (9) as Subsection C(9) and (10), respectively.
(9)
Conditional approval of the preliminary plat. The Planning Board
shall take action within 60 days after submission to grant conditional
approval, with or without modifications, or disapprove the preliminary
plat. When conditionally approving a preliminary plat, the Planning
Board must state in writing the modifications, if any, it deems necessary
for submission of the plat in final form with respect to the specific
changes which it will require in the preliminary plat; the character
and extent of the required improvements for which waivers may have
been requested and which, in its opinion, may be waived without jeopardy
to the public health, safety, morals and general welfare; the categories
of improvement or the amount of all bonds therefor which it will require
as prerequisite to the approval of the subdivision plat. The action
of the Planning Board, plus any conditions attached thereto, shall
be noted on three copies of the preliminary plat. One copy shall be
returned to the subdivider, one retained by the Planning Board and
one forwarded to the Village Board through the Village Clerk. Conditional
approval of a preliminary plat shall not constitute approval of the
subdivision plat, but rather it shall be deemed an expression of approval
of the design submitted on the preliminary plat as a guide to the
preparation of the plat, which will be submitted for approval of the
Planning Board and for recording upon fulfillment of the requirements
of this chapter and the conditions of the conditional approval of
the preliminary plat, if any. In the event that the Planning Board
fails to act on a preliminary plat within such sixty-day period, the
plat shall be deemed granted conditional approval, and the certificate
of the Village Clerk as to the date of submission and the failure
of the Planning Board to act on the plat must be issued on demand.
This certificate is sufficient in lieu of any other evidence of conditional
approval of the preliminary plat.
(10)
Expiration of approval. Planning Board approval of a preliminary
layout submission shall expire six months after the date of such formal
action. No Planning Board action will be taken after such expiration
until a new application and filing fee are submitted. A waiver for
a reasonable period of time may be given in cases of hardship upon
petition to the Planning Board.
D.
Major subdivision, final plat approval.
(1)
Application for approval and fee. The subdivider shall, within six
months after the approval of the preliminary plat, file with the Planning
Board an application for approval of the subdivision plat in final
form; using the approved application blank available from the Village
Clerk. If the plat is not submitted within six months after the approval
of the preliminary plat, the Planning Board may refuse to approve
the final plat and require resubmission of the preliminary plat. Said
application, shall be accompanied by the fee prescribed in the schedule
of fees adopted by resolution of the Board of Trustees.
[Amended 11-17-1986 by L.L. No. 2-1986]
(2)
Number of copies. A subdivider intending to submit a proposed subdivision
plat for the approval of the Planning Board shall provide the Village
Clerk with three copies of the application, five copies of the plat,
the original and one true copy of all offers of cession, covenants
and agreements, letters from appropriate agencies, utilities and boards
having jurisdiction and three prints of all construction drawings,
at least 10 days in advance of the regular monthly Planning Board
meeting at which it is to be officially submitted. At the same time,
if he intends to request any waiver of the requirements of standards
provided for in this chapter in connection with final plat approval,
a statement applying for such waiver shall be filed with the final
plat submission.
(3)
When officially submitted. The time of submission of the subdivision plat shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 10 days prior to which the application for approval of the subdivision plat, complete and accompanied by a fee, if any, and all data required by § 139-13 of this chapter, has been filed with the Village.
(4)
Endorsement of state and county agencies. Water and sewer facility
proposals contained in the subdivision plat shall be properly endorsed
and approved by the Orange County Department of Health. Applications
for approval of plans for sewer or water facilities will be filed
by the subdivider with all necessary Village, county and state agencies.
Endorsement and approval by the Orange County Department of Health
shall be secured by the subdivider before official submission of the
subdivision plat. Certified copies of permits signed by a responsible
official of the State Highway Department or the Orange County Superintendent
of Highways, approving proposed construction and/or discharge on state
or county rights-of-way, shall be submitted.
(5)
Performance bond estimate. The Village Engineer or other delegated
Village officer shall prepare and submit a performance bond estimate
along with his recommendations on the final plat.
(6)
Public hearing. A public hearing shall be held on the final plat
by the Planning Board. Notice of the hearing shall be advertised at
least once in one of the official newspapers of the Village and a
notice of hearing posted in at least three prominent places at least
five days before such hearing, and notice thereof shall be posted
by mail to the owners of property within 300 feet of the proposed
subdivision and to any other persons whom the Board may deem to be
particularly affected. Said advertisement shall be submitted by the
Village Clerk, and the affidavit of posting shall be provided by the
applicant, and the notification of adjacent landowners shall be made
by the applicant. The costs of advertising and holding such public
hearing shall be paid by the applicant.
(7)
At least five days before such hearing, the applicant shall cause
to be posted a notice of the pendency of an application before the
Planning Board on the property subject to the application. Such posting
shall include the date, time and place of the hearing, and any adjourned
date thereof, and shall be near the public right-of-way so as to be
visible and legible from the street or sidewalk.
[Added 10-15-2007 by L.L. No. 3-2007[7]]
[7]
Editor's Note: This local law also provided for the redesignation
of former Subsection D(7) through (11) as Subsection D(8) through
(12), respectively.
(8)
Action on proposed subdivision plat. The Planning Board shall, within
60 days from the date of the submission of the subdivision plat, approve,
disapprove or modify and approve the final subdivision plat and shall
specify in writing its reasons for any such refusal. Provisions may
be made for extension of this time by mutual consent of the subdivider
and the Planning Board. In the event that the hearing is not held
or if the Planning Board fails to disapprove the plat within the 60
days prescribed above, the plat shall be deemed approved as submitted,
and the certificate of the Clerk of the Village as to the date of
the submission of the plat or the proposed development thereof for
approval and the failure to take action thereon within such time shall
be issued on demand and shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required. Prior to
obtaining the Chairman's signature of approval, the subdivider
shall:
(a)
Make all required corrections or changes to the satisfaction
of the Planning Board.
(b)
Obtain a performance bond in the amount of the bond estimate
and a general liability insurance policy and submit them to the Village
Attorney for approval as to form.
(c)
Prepare the corrected final plat drawings, including the public
improvement and utility plan and profiles and submit the original
of the final plat, to be signed and returned to the applicant, and
three paper prints plus one reproducible print of each of the drawings
to be filed. The documents shall be distributed by the Planning Board
to the Code Enforcement Officer, the Village Engineer and the Planning
Board, the latter to retain the reproducible print(s).
(d)
Pay the required inspection fee at the Village Clerk's
office.
(9)
Filing. Upon approval, the final plat shall be properly signed by
the duly authorized person and shall be filed by the applicant in
the Orange County Clerk's office.
(10)
Expiration of approval.
(a)
The approval by the Planning Board of a plat showing lots, blocks
or sites, with or without streets or highways, or the approval by
such Board of the development of a plat filed in the office of the
Clerk of the county in which such plat or plats are situated prior
to the appointment of such Planning Board and the grant to such Board
of the power to approve plats, or the certificate of the Village as
to the date of the submission of such plat or such proposed development
and the failure of the Planning Board to take action thereon within
60 days, shall expire 90 days from the date of such approval or of
such certificate, unless, within such ninety-day period, such plat
or a section thereof shall have been duly filed or recorded by the
owner in the office of the County Clerk and the proposed development
of such plat has been either completed or a bond therefor posted with
the Village Board as provided in § 7-730 of the Village
Law. Such endorsement shall stipulate that the plat does not conflict
with the County Official Map, where one exists, or, in cases where
plats do front on or have access to or are otherwise related to roads
or drainage systems shown on the County Map, that such plat has been
approved in the manner specified by § 239-k[8] of the General Municipal Law.
[8]
Editor's Note: Section 239-k of the General Municipal
Law was repealed by L. 1997, c.451, § 2, effective 1-1-1998.
See now General Municipal Law § 239-e.
(b)
Upon application by the subdivider, the Planning Board may extend
the time for filing and recording such plat if, in its opinion, such
intention is warranted by the particular circumstances thereof, for
not to exceed two additional periods of 90 days each; provided, however,
that the plat be revised according to any change in regulations or
ordinance applicable to the plat subsequent to the first resolution.
(c)
Expiration of an approval shall mean that any further action
will require a new filing fee as well as a review of all previous
findings.
(11)
Filing in sections. Prior to granting its approval, the Planning
Board may permit the plat to be subdivided into two or more sections
and may impose such conditions upon the filing of the sections as
it may deem necessary to assure the orderly development of the plat.
Approval to the sections, subject to any conditions imposed by the
Board, shall be granted concurrently with the approval of the plat.
If the owner shall file only a section of an approved plat within
such ninety-day period, such section shall encompass at least 10%
of the total number of lots contained in the approved plat, and the
approval of the remaining sections shall be filed before the expiration
of the exemption period to which such plat is entitled under the provisions
of § 7-708 of the Village Law. In the event that the owner
shall file only a section of such approved plat in the office of the
County Clerk, the entire approved plat shall be filed within 30 days
of the filing of such section with the Village Clerk. The owner shall
not be permitted to begin construction of buildings in any other section
until such section has been filed in the office of the County Clerk
and the required improvements have been installed in such section
or a bond covering the cost of such improvements is posted.
(12)
Plat void if revised after approval. No changes, erasures, modifications
or revisions shall be made in any subdivision plat after approval
has been given by the Planning Board and endorsed in writing on the
plat, unless said plat is first resubmitted to the Planning Board
and such Board approves any modifications. In the event that any such
subdivision plat is recorded without complying with this requirement,
the same shall be considered null and void, and the Planning Board
shall institute proceedings to have the plat stricken from the records
of the County Clerk.
A.
A performance bond or equivalent security shall be delivered to the
Village to guarantee to the Village that the subdivider will faithfully
cause to be constructed and completed within a reasonable time the
required lands and improvements to the Village, free and clear of
encumbrances.
B.
Before the Planning Board grants final approval of the subdivision
plat, the subdivider shall follow the procedure set forth below:
(1)
In an amount set by the Planning Board from an estimate prepared
by the Village Engineer, the subdivider shall either file with the
Village Clerk a certified check to cover the full cost of the required
improvements, or the subdivider shall file with the Village Clerk
a performance bond issued by a bonding or surety company approved
by the Village Board to cover the full cost of the required improvements
or any combination thereof. Any such bond shall comply with the requirements
of § 7-730 of the Village Law and, further, shall be satisfactory
to the Village Board and Village Attorney as to form, sufficiency,
manner of execution and surety. A period of one year, or such other
period as the Planning Board may determine appropriate, not to exceed
three years, shall be set forth in the bond, within which required
improvements must be completed; however, the term of such performance
bond may be extended by the Planning Board with the consent of the
parties thereto.
(2)
The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Village Engineer and a map satisfactory to the Planning Board has been submitted, indicating the location of monuments marking all underground utilities as actually installed. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection B(1) above, such bond shall not be released until such a map is submitted. The Village Board shall release the bond upon certification of the Village Engineer and Village Attorney that all requirements of the bond have been satisfied.
(3)
The subdivider shall complete all required improvements or post the
required performance bond, either or both to the satisfaction of the
Village Board, before any building permits will be issued.
(4)
If the Planning Board shall decide at any time during the term of
the performance bond that the extent of building development that
has taken place in the subdivision is not sufficient to warrant all
the improvements covered by such performance bond or that required
improvements have been installed as provided in this section and by
the Planning Board in sufficient amount to warrant reduction in the
face amount of said bond or that the character and extent of such
development requires additional improvements previously waived for
a period stated at the time of fixing the original terms of such bond,
the Planning Board may modify its requirements for any or all such
improvements, and the face value of such performance bond shall thereupon
be reduced or increased by an appropriate amount so that the new face
value will cover the cost, in full, of the amended list of improvements
required by the Planning Board, and any security deposited with the
bond may be reduced or increased proportionately.
C.
General liability insurance.
(1)
Procedure. The general contractor shall file with the Village Attorney
a general liability insurance policy at the same time as he files
his performance bond. The Village Board shall approve the policy as
to form. The policy shall be in force during the term of the performance
bond and shall be extended in conformance with any extension of the
performance bond.
(2)
Coverage. The policy shall insure the Village and the general contractor
and shall cover all operations in the development involving existence
and maintenance of property and buildings and contracting operations
of every nature, including all public improvements. Said policy shall
have limits of liability of $100,000 for bodily injury to each person
and $300,000 liability on the aggregate for each accident and property
damage liability of $5,000 for each accident and $25,000 aggregate
property damage liability, or such higher limits as the Planning Board
may require.
D.
Maintenance bond. The subdivider shall file with the Village Board
a maintenance bond in an amount based on a maximum of 10% of the performance
bond estimate and which shall be adequate to assure the satisfactory
condition of the initial public improvements for a period of one year
following their completion and acceptance by the Village Board. Such
bond shall be satisfactory to the Village Attorney as to form, manner
or execution and surety.
E.
Modification of design improvements. If, at any time before or during
the construction of the required improvements, it is demonstrated
to the satisfaction of the Village Engineer that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the Village Engineer may authorize modifications,
provided that these 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 improvements required
by the Board. The Village Engineer shall issue any authorization under
this section in writing and shall transmit a copy of such authorization
to the Planning Board and the Village Board at their next regular
meeting.
F.
Supervision of improvements. The construction of all required improvements
shall be supervised by a registered professional engineer employed
by the Village, who, after completion of construction, shall certify
to the Planning Board that all required improvements have been constructed
as required and approved by the Board or as modified by the Board.
G.
Inspections.
(1)
Routine inspection.
(a)
All improvements will be inspected by the Village Engineer to
ensure satisfactory completion. In no case shall any paving work,
including prime and seal coats, be done without permission from the
Village Engineer. At least five days' notice shall be given to
the Village Engineer prior to any such construction, so that a representative
of the Village may be present at the time work is to be done. The
Village Engineer shall be notified after each of the following phases
of the work has been completed so that he or his representative may
inspect the work:
(b)
If the Village Engineer or other duly designated official does
not carry out inspection of required improvements during construction,
the subdivider or the bonding company shall not in any way be relieved
of their responsibilities.
(2)
Final inspection. A final inspection of all improvements will be
made to determine whether the work is satisfactory and in substantial
agreement with the approved final plat drawings and in compliance
with Village specifications as of the time the offer of dedication
of the roads is made to the Village Board. The general condition of
the site shall also be considered. Upon a satisfactory final inspection
report, action will be taken to release the performance bond covering
such improvements and utilities.
(3)
Inspection fee. An inspection fee shall be paid to the Village prior
to the time that the Chairman of the Planning Board signs the final
plat. The amount of said inspection fee shall be prescribed by the
schedule of fees established by resolution of the Board of Trustees.
[Amended 11-17-1986 by L.L. No. 2-1986]
H.
Proper installation of improvements. If the Village Engineer shall
find, upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the subdivider, he shall so report to the Village Board,
Code Enforcement Officer and Planning Board. The Village Board then
shall notify the subdivider and, if necessary, the bonding company
and take all necessary steps to preserve the Village's rights
under the bond. The Village Board may thereupon declare the performance
bond 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 such performance bond and commensurate
with the building development that has taken place in the subdivision,
but not exceeding in cost the amount of such proceeds. In making such
determination regarding streets, highways, parks and required improvements,
the Planning Board shall take into consideration the prospective character
of the development, whether dense residence, open residence, business
or industrial. No plat shall be approved by the Planning Board as
long as the subdivider is in default on a previously approved plat.
