Whenever any subdivision of land is proposed to be made, and
before any contract for the sale of or any offer to sell any lots
in such subdivision or any part thereof is made, and before any permit
for the erection of a structure in such proposed subdivision shall
be granted, the subdivider or his duly authorized agent shall apply
in writing for approval of such proposed subdivision in accordance
with the following procedures.
[Amended 8-17-2017 by L.L. No. 3-2017]
A. Improvements and performance bond. Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsections
A(1) and
(2) below [Subsections
A(3) and
(4) shall apply to either procedure thus followed]:
(1) In an amount set by the Planning Board or the City Planner, the subdivider
shall either file with the City Clerk a certified check to cover the
full costs of the required improvements or the subdivider shall file
with the City Clerk a performance bond to cover the full cost of the
required improvements. Any such bond shall comply with the requirements
of the General City Law and shall be satisfactory to the Corporation
Counsel and City Planner 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.
(2) The subdivider shall complete all required improvements to the satisfaction
of the City Planner, who shall file with the Planning Board a letter
signifying the satisfactory completion of all improvements required
by the Board. For any required improvements not so completed or not
approved but the City Planner, the subdivider shall file with the
City Clerk a bond or certified check covering the costs of such improvements.
Any such bond shall be satisfactory to the Corporation Counsel and
City Planner as to form, sufficiency, manner of execution and surety.
(3) In either procedure of Subsection
A(1) or
(2) set forth above, the subdivider shall further be required to post with the City Clerk a certified check or bond in the amount of at least 25% of the full cost of the required improvements to ensure the satisfactory condition and functioning of all required improvements for a period of one calendar year next following the date of certification of satisfactory completion, installation or construction of such improvements as provided in Subsections
A(1) or
(2) above.
(4) The required improvements shall not be considered to be completed until the installation of the improvements has been approved, in writing, by the City Planner and a map and as-built construction drawings satisfactory to the City Planner have been submitted, which shall indicate the location of monuments, note all underground utilities as actually installed and further indicate the as-built profile street grades and elevations of all manholes, inverts and catch basins. If the subdivider completes all required improvements according to Subsection
A(2) then said map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Subsection
A(1), such bond shall not be released until such map is submitted.
B. Modification of design of improvements. If at any time before or
during the construction of the required improvements it is demonstrated
to the satisfaction of the City Planner that unforeseen conditions
make it necessary or preferable to modify the location or design of
such required improvements, the City Planner may authorize modifications,
provided that these modifications are within the spirit and intent
of the Planning Board's approval and do not constitute a waiver or
substantial alteration of the function of any improvements required
but the Board. The City Planner shall issue any such authorization
in writing and shall transmit a copy of such authorization to the
Planning Board at their next regular meeting.
C. Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the City Clerk any inspection fee required by the various City departments
and shall notify the City Planner in writing of the time when he proposed
to commence construction of such improvements so that the City Planner
may cause inspection to be made to assure that all City specifications
and requirements shall be met during the construction of required
improvements and to assure the satisfactory completion of improvements
and utilities required by the Planning Board.
D. Proper installation of improvements. If the City Planner shall find,
upon inspection of the improvement performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plats and specifications
filed by the subdivider, or do not function satisfactorily, he shall
notify the subdivider and, if necessary, the bonding company and take
all necessary steps to preserve the City's rights under the bond.
No plat, whether or not an extension, section or portion of any previously
submitted plat, shall be approved until and unless all conditions
necessary for approval of previously submitted plats have been satisfied
and final approval shall have been granted in accordance with these
regulations. No plat shall be approved by the Planning Board as long
as the subdivider is in default on previously approved plat.
E. Offers of cession. The subdivider shall tender offers of cession,
in a form approved by the Corporation Counsel, of all land included
in streets, highways, school sites, parks or public open spaces and
shall obtain a certificate from the Corporation Counsel approving
the legal sufficiency of the offers of cession of all areas for public
use, such as parks, streets, playgrounds and school sites. However,
approval of the final plat by the Planning Board does not constitute
acceptance by the City of the dedication of any street, highway, park,
easement or other public open space.
When a park, playground or other recreation area shall have
been shown on a plat, the approval of said plat shall not constitute
an acceptance by the City of such area. The Planning Board may also
require the filing of a written agreement between the applicant and
the City Council covering future deed and title, dedication and provision
for the cost of grading, development, equipment and maintenance of
any such recreation area.