[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.
[1]
Editor's Note: See Ch. A300, Street Specifications.
[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:
(1) 
Rough grading completed.
(2) 
Drainage and other underground facilities installed, but prior to backfilling.
(3) 
After gravel base is spread and compacted.
(4) 
When each paved course is being applied.
(5) 
After completion of all improvements.
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]
[1]
Editor's Note: Original Section 4.7 of L.L. No. 29-1984, Modification of Requirements, which immediately followed this section, was repealed 5-22-2017 by L.L. No. 2-2017. See now § 255-18, Modification of requirements.