[Amended 1-2-1986 by L.L.
No. 2-1986]
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 streets and other improvements as shown
on the approved construction plans or otherwise specified in the resolution,
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 three
years 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, the requirements of these regulations
and the Village Construction Standards and Specifications.[1] The irrevocable letter of credit to be delivered by the
applicant to the Board of Trustees of the Village of New Hempstead
shall be from a bank having an office in Rockland County and having
capital in the minimum amount of $50,000,000. Said letter of credit
shall authorize payment to the Village of New Hempstead 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 Planning Board within three years of the date
of the Planning Board resolution or that such improvements do not
comply with the approved construction plans, the requirements of these
regulations and the Village Construction Standards and Specifications
or that the installation of such improvements has caused damage to
public or private property not under the ownership of the applicant.
Such sight drafts shall be in the aggregate amount of all expenses
estimated to be incurred by the Village for the completion of the
required improvements or for damage caused by the installation of
such improvements as set forth hereinabove. In the event that the
applicant has elected to deposit cash with the Village of New Hempstead
in lieu of such letter of credit, the Village shall be authorized
to pay for the expenses of the completion of the required improvements
or for the aforesaid damages out of such cash, and any excess cash
remaining after the completion of such improvements and the payments
of any such damages shall be returned to the applicant.
[Amended 1-2-1986 by L.L.
No. 2-1986; 5-24-1990 by L.L. No. 4-1990]
A.
No building permit (except for a maximum of two for model homes,
if allowed in the discretion of the Planning Board and subject to
the approval of the Architectural Review Board, if such Board is in
existence) 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 Planning Board.
Thereafter, certificates of occupancy for any such model homes and
building permits and certificates of occupancy for additional lots
other than the final 10% of all lots (subject to the approval of the
Architectural Review Board, if such Board is in existence) may be
issued upon the applicant's delivering to the Village of New
Hempstead, for each lot, an irrevocable letter of credit in favor
of the Village of New Hempstead, in form 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 depositing such amount of cash with the Village of New
Hempstead. 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 Planning Board and dedicated to the Village
of New Hempstead.
B.
The irrevocable letter of credit to be delivered by the applicant
to the Village of New Hempstead shall be from a bank having an office
in Rockland County and having capital in the minimum amount of $50,000,000.
Said letter of credit shall authorize payment to the Village of New
Hempstead 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 Planning
Board within the earlier of the following two periods: three years
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 letter of credit shall
also authorize payment to the Village of New Hempstead in the event
that the installation of such final road wearing courses and sidewalks
has caused damage to public or private property not under the ownership
of the applicant. 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 and for the cost of the aforementioned
damage, if any. In the event that the applicant has elected to deposit
cash with the Village of New Hempstead 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 and damages, if any, out
of such cash, and any excess cash remaining after the completion of
such final improvements and payment of such damages shall be returned
to the applicant.
[Amended 1-2-1986 by L.L.
No. 2-1986]
A.
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 or as set forth hereinabove, 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.
B.
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.
[Amended 1-2-1986 by L.L.
No. 2-1986]
A.
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.
B.
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, 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 to an appropriate amount so that the new amount will
cover the cost in full of all required improvements remaining to be
completed.
[Amended 1-2-1986 by L.L.
No. 2-1986]
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 of the final subdivision plat 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 or the bonding
company of its responsibilities related to the proper construction
of such improvements.
A.
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:
B.
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
he shall certify to the Planning Board that the work was inspected
by him and was in accordance with the approved plans and specifications.
At such time as the applicant has completed construction of
all required improvements, he 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,
catch basins, 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 or release the bond until
such situation is corrected.
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 New Hempstead, as shown
on the Fee Schedule adopted by the Board of Trustees.
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 developer.
The applicant shall be required to file a maintenance bond with the
Board of Trustees, prior to dedication, in an amount considered adequate
by the Village Engineer 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,
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.
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, 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 developer shall pay his share of the costs
of the future improvements to the Village in escrow prior to signing
of the final subdivision plat, or the developer may post a bond insuring
completion of said improvements upon demand of the Village. 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.[1]
