Village of Cornwall-On-Hudson, NY Article III Filing and Approval Procedure

§ 139-6 General standards.

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.

§ 139-7 Categories of plat approval.

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.

§ 139-8 Approval procedure.

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.

(3) Discussion of requirements and classification. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the requirements of the Zoning Law[3] and these regulations in respect to his application.

[3] Editor's Note: See Ch. 172, Zoning.

(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] Editor's Note: See Ch. 172, Zoning.

(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.

§ 139-9 Required public improvements.

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:

[1] Road subgrade.

[2] Curb and gutter forms.

[3] Road paving, after each coat in the case of priming and sealing.

[4] Sidewalk forms.

[5] Sanitary sewers, drainage pipe and other drainage structures before backfilling.

[6] All underground utilities prior to backfilling.

(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.