The Planning Board shall not have authority
to vary or waive any of the provisions of this article.
For the purposes of this article, the term "bond"
shall mean a performance bond issued by a bonding or surety company
authorized to do business in the State of New York; the deposit of
funds with the Village or the deposit with the Village of an assignment
of a bank account in or certificate of deposit issued by a bank or
trust company authorized to do business in the State of New York and
located in Nassau County; an irrevocable letter of credit from a bank
authorized to do business in the State of New York and located within
Nassau County; or obligations of the United States of America. If
not delivered to the Village, such bond shall be held in a Village
account at a bank or trust company located within Nassau County. Any
such bond shall be in a form required or approved by the Village Attorney
as to form, sufficiency and manner of execution.
The Planning Board may require a bond to be
filed to guarantee the performance of any conditions of approval,
or the installation of any improvements, or the maintenance of any
condition or improvement. Such requirements may be imposed as a condition
of approval of a plat, or an amendment of a plat, or upon the renewal,
reduction or extension of a performance bond or maintenance bond,
or a substitution of one bond for another bond. For the purpose of
this chapter, any reference to a bond shall also include a security
deposit as may be authorized by law.
A.
Bonds where plat approved in sections. In the event
that the owner or applicant shall be authorized to file the approved
plat in sections, approval of the plat may be granted upon the installation
of the required improvements in the section of the plat filed in the
office of the Nassau County Clerk or the furnishing of security covering
the costs of such improvements. No construction of improvements shall
be permitted in any other section until such section has been filed
in the office of the Nassau County Clerk and the required improvements
have been installed in such section or a bond covering the costs of
such improvements is provided.
B.
Term of bond. Any such bond shall run for a term as
provided in this chapter or otherwise fixed by the Board, and the
term thereof may be extended by the Board with the consent of the
parties thereto. The Planning Board may consent to such extension
on behalf of the Village. If the Planning Board shall determine at
any time during the term of the 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 security, or that the required
improvements have been installed as required in sufficient amount
to warrant reduction in the amount of such security, or that the conditions
for which the said bond was supplied have not been met, the Board
may modify its requirements for any or all of such improvements, and
the amount of such bond shall thereupon be amended by an appropriate
amount so that the new amount will cover the cost in full of the amended
list of improvements required by the Board.
C.
Principal amount. Wherever a bond is required pursuant
to this chapter, the principal amount of such bond shall include the
estimated costs which may be, or are actually, incurred by the Village
for the purposes of enforcement of the bond and collection of the
proceeds thereof.
In the event that the Board determines that
the conditions of any bond, or of an approval in connection with which
such bond was supplied, are in default, or that any required improvements
have not been installed as required, the Board may recommend to the
Board of Trustees that the bond be declared in default.
A.
No such recommendation shall be made without prior
notice to the principal and surety upon such bond.
B.
Upon such recommendation and upon notice to the principals
and surety on such bond, the Board of Trustees may thereupon declare
said bond to be in default and take all appropriate proceedings to
collect the sum remaining payable thereunder.
C.
Upon the receipt of the proceeds of any bond, the
Village shall apply such proceeds to reimbursement of the expenses
of collection and enforcement of said bond and apply the balance of
such proceeds, if any, to the installation of such improvements as
may be feasible with such funds, commensurate with the extent of building
development that has taken place in the subdivision. Upon the completion
of such improvements, any remaining balance in such funds shall be
deposited in the Village general fund.
The applicant shall furnish to the Village a
performance bond as may be required by the Board, as provided in this
chapter.
A.
Such bond shall provide that it will remain in effect
for the period of time provided in the resolution of the Board requiring
such bond or agreement. The form and manner of execution of such bond
shall be approved by the Village Attorney.
B.
The principal amount of said bond shall include any
costs or expenses, including attorneys' fees, which the Village may
incur for the purposes of enforcement or collection of such bond or
security.
[Amended 1-29-1997 by L.L. No. 1-1997; 7-20-2005 by L.L. No.
3-2005; 8-30-2005 by L.L. No. 5-2005; 1-18-2006 by L.L. No.
1-2006; 10-25-2011 by L.L No. 2-2011]
A.
No performance bond shall be released or reduced except upon written
application. Such application shall include, unless waived by the
Village Code Enforcement Officer in writing, an as-built survey (prepared
by a licensed professional and guaranteed to the Village of North
Hills) of the property, or the portion of the property which is the
subject of the application, in a form acceptable to the Village Code
Enforcement Officer and sufficient to show the areas where the work
which is the subject of the bond is required to be done and is claimed
to have been completed.
B.
All improvements shall be inspected by the Village Code Enforcement
Officer upon an application for release or reduction of a performance
bond. The Village Code Enforcement Officer shall make a written report
to the Board, stating the results of that inspection, and, where the
Village Code Enforcement Officer has obtained sufficient information
to permit such a report, making a recommendation whether the application
should be approved in whole or in part.
C.
No performance bond shall be released or reduced below 50% of its
original face amount except after a public hearing. The applicant
shall give notice of such hearing, in a form supplied by the Village,
to every owner of property on which work guaranteed by the bond was
to have been performed. Where the work guaranteed by the bond was
to have been performed on property which is in the common area of
a condominium or the property of a homeowners' association, notice
also shall be given to each owner of property in the condominium and
each owner of property in the development which is the subject of
the homeowners' association.
(1)
Notwithstanding the provisions of this section, no public hearing
shall be held on such an application until the Planning Board has
received a written report from the Village Code Enforcement Officer,
certifying that he has inspected the property, or the portion thereof
which is the subject of the application, and that the work claimed
by the applicant to have been completed appears to have been substantially
completed.
(2)
Hearings for reconsideration.
(a)
Notwithstanding the provisions of this Subsection C, where a hearing is held in furtherance of a court order to reconsider a matter, the Mayor or the Village Administrator may determine that the required notice of such hearing shall be notice given:
[1]
By publication in the Village official newspaper at least 10
calendar days prior to the hearing;
[2]
By posting at the Village Hall and on the Village website at
least 10 calendar days prior to the public hearing; and
[3]
By certified mail to the applicant or its agent and to the owners
of the property which is the subject of the bond or, in the case of
a condominium property, to the homeowners' association, at least 10
calendar days prior to the public hearing.
(b)
In any case where the Mayor or Village Administrator elects
such alternative notice, no other notice shall be required.
D.
After the conclusion of the public hearing, and after reasonable
deliberation as the Board may deem necessary or appropriate, the Board
shall determine either to deny the application or to require the applicant
to submit a reduced performance bond or a maintenance bond in conformance
to the requirements of this Code in an amount determined by the Board
and within a period of time required by the Board. Upon the submission
of such reduced performance bond or maintenance bond and the certification
of the Village Attorney that the required bond has been filed in proper
form, the Board shall determine to deny the application or to grant
the application and release or reduce the performance bond pursuant
to this section.
A.
Prior to or at the time of acceptance of the dedication
or certificate of completion of improvements and prior to release
of any performance bond for improvements, the applicant shall furnish
to the Village a maintenance bond or security agreement, as may be
required by the Board pursuant to this chapter. Such bond or security
agreement shall guarantee the maintenance, repair or replacement of
any and all defects in improvements installed by the applicant and
shall remain in effect for a period of time provided in the resolution
of the Board requiring such bond or agreement but in no event longer
than two years after it is furnished to the Village. The form and
manner of execution of such bond shall be approved by the Village
Attorney. The principal amount of said bond or security shall include
any costs or expenses, including attorneys' fees, which the Village
may incur for the purposes of enforcement or collection of such bond
or security.
B.
In the case of any maintenance bond provided to or
required by the Village prior to April 1, 1991, the Board may reduce
the term of the bond so that the bond expires no earlier than one
year after the date on which the bond was filed.
A.
No maintenance bond shall be released or reduced except
upon written application. Unless waived by the Village Code Enforcement
Officer in writing, such application shall include an as-built survey
(prepared by a licensed professional and guaranteed to the Village
of North Hills) of the property, or the portion of the property which
is the subject of the application, in a form acceptable to the Village
Code Enforcement Officer and sufficient to show the areas where the
work which is the subject of the bond is required to be done and is
claimed to have been completed.
[Amended 7-20-2005 by L.L. No. 3-2005]
B.
All improvements shall be inspected by the Village
Code Enforcement Officer upon an application for release or reduction
of a maintenance bond. The Village Code Enforcement Officer shall
make a written report to the Board, stating the results of that inspection,
and, where the Village Code Enforcement Officer has obtained sufficient
information to permit such a report, making a recommendation whether
the application should be approved in whole or in part.
[Amended 7-20-2005 by L.L. No. 3-2005]
C.
No maintenance bond shall be released or reduced below
50% of its original face amount except after a public hearing. The
applicant shall give notice of such hearing, in a form supplied by
the Village, to every owner of property on which work guaranteed by
the bond was to have been performed. Where the work guaranteed by
the bond was to have been performed on property which is in the common
area of a condominium or which is the property of a homeowners' association,
notice also shall be given to each owner of property in the condominium
and each owner of property in the development which is the subject
of the homeowners' association.
[Amended 1-29-1997 by L.L. No. 1-1997]
(1)
Notwithstanding the provisions of this section, no
public hearing shall be held on such an application until the Planning
Board has received a written report from the Village Code Enforcement
Officer, certifying that he has inspected the property, or the portion
thereof which is the subject of the application, and that the work
claimed by the applicant to have been completed appears to have been
substantially completed.
[Added 7-20-2005 by L.L. No. 3-2005]
(2)
Hearings for reconsideration.
[Added 8-30-2005 by L.L. No. 5-2005[1]]
(a)
Notwithstanding the provisions of this Subsection C, where a hearing is held in furtherance of a court order to reconsider a matter, the Mayor or the Village Administrator may determine that the only required notice of such hearing shall be notice given:
[1]
By publication in the Village official newspaper
at least 10 calendar days prior to the hearing;
[2]
By posting at the Village Hall at least 10 calendar
days prior to the public hearing; and
[3]
By certified mail to the applicant or its agent
and to the owners of the property which is the subject of the bond
or, in the case of a condominium property, to the homeowners' association,
at least 10 calendar days prior to the public hearing.
(b)
In any case where the Mayor or Village Administrator
elects such alternative notice, no other notice shall be required.
[1]
Editor's Note: This local law was amended
1-18-2006 by L.L. No. 1-2006 to provide that its provisions would
take effect immediately upon adoption and filing and to delete the
six-month period of effectiveness.
The applicant shall furnish to the Village a
labor and material payment bond or security agreement, as may be required
by the Board pursuant to this chapter. The form and manner of execution
of such bond shall be approved by the Village Attorney. The principal
amount of said bond or security shall include any costs or expenses,
including attorneys' fees, which the Village may incur for the purposes
of enforcement or collection of such bond or security.
In determining the amount of any bond or security
required by or under the authority of this chapter, the Board shall
include the estimated cost of the work, including materials, necessary
to complete the items for which the bond or security is intended,
the reasonable cost of inspection of such improvements by the Village,
the estimated costs for employing a guard for any stormwater drainage
or storage basins required to be installed, the cost of liability
insurance, the estimated cost of installation of necessary water supply
facilities and any costs or expenses, including reasonable attorneys'
fees, which may be incurred by the Village for the enforcement or
collection of the proceeds of such bond or security.
