A.
Completion of improvements. Before the plat is signed
by the Chairman of the Planning Board, all applicants shall be required
to complete, at applicant's expense and without reimbursement by the
Village or any special district, in accordance with the Planning Board's
resolution and to the satisfaction of the Village Engineering Consultant
and/or Town Superintendent of Highways, all the street, sanitary and
other improvements specified in the final subdivision plat, except
the final street wearing course and sidewalks, as approved by the
Planning Board, and to offer to dedicate same to the Village of Airmont
or other governmental agencies, as the case may be, free and clear
of all liens and encumbrances on the property and public improvements
thus offered for dedication.
B.
Posting of letter of credit. The Planning Board, in
its discretion, may waive the requirement that the applicant complete
all public improvements prior to the signing of the subdivision plat
and that as an alternative the applicant may post a letter of credit
at the time of application for final subdivision approval in an amount
equal to twice the estimated cost of all improvements not constructed,
in order to secure to the Village the satisfactory construction, installation
and dedication of the incomplete portion of required improvements.
The letter of credit shall be irrevocable and shall be from a bank
having an office in Rockland County and having capital in the minimum
amount of $50,000,000. The said letter of credit shall authorize payment
to the Village of Airmont 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 the period specified by the Planning Board in the resolution
approving the final subdivision plat, 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 have 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.
C.
Temporary improvements. The developer shall build
and pay for all costs of temporary improvements required by the Planning
Board, and shall maintain same for the period specified by the Planning
Board. Prior to construction of any temporary facility or improvement,
the developer shall file with the Village a separate suitable bond
for temporary facilities, which bond shall insure that the temporary
facilities will be properly constructed, maintained and removed.
D.
Costs to be borne by applicant. All required improvements
shall be made by the applicant, at his expense, without reimbursement
by the Village or any improvement district therein.
E.
Failure to complete improvements. For subdivisions
for which no letter of credit has been posted, if the improvements
are not completed within the period specified by the Planning Board
in the resolution approving the plat, the approval shall be deemed
to have expired.
A.
General procedure and fees. The Planning Board shall
provide for inspection of required improvements during construction
so as to insure their satisfactory completion. The applicant shall
pay to the Village an inspection fee as set forth in the Standard
Fee Schedule of the Village of Airmont,[1] and the subdivision plat shall not be signed by the Chairman
of the Planning Board unless such fee has been paid at the time of
application. In addition, the applicant shall pay extra payroll costs
for all engineering and inspection services requested by the applicant
or any contractor outside the regular Village working hours. If the
Village Engineering Consultant or the Superintendent of Highways finds,
upon inspection, that any of the required improvements have not been
constructed in accordance with the construction plans, the Village's
construction standards and specifications, or these regulations, the
applicant shall be responsible for completing said improvements in
accordance with said requirements. Wherever the cost of improvements
is covered by a letter of credit, the applicant and the bank shall
be severally and jointly liable for the cost of completing said improvements
according to specifications.
B.
Certificates of satisfactory completion.
(1)
The Village Board will not accept dedication of required
improvements, nor release nor reduce a letter of credit, until the
Village Engineering Consultant and/or the Superintendent of Highways
have submitted reports stating that all required improvements have
been satisfactorily completed, and until the applicant's engineer
or surveyor has certified to the Village Engineering Consultant that
the layout of the line and grade of all public improvements is in
accordance with the construction plans for the subdivision and that
a title insurance policy has been furnished to and approved by the
Village Attorney indicating that the improvements shall have been
completed, are ready for dedication to the Village and are free and
clear of any and all liens and encumbrances.
(2)
The letter of credit shall be reduced only to the
ratio that the public improvement dedicated bears to the total public
improvements required for the plat. In no event shall the letter of
credit be reduced below 25% of the principal amount.
C.
Escrow deposits with Building Inspector.
(1)
Whenever, by reason of the season of the year, any
lot improvements required by the subdivision regulations cannot be
performed, the Building Inspector may, nevertheless, issue a certificate
of occupancy, provided there is no danger to health, safety or general
welfare upon accepting a cash escrow deposit in an amount to be determined
by the Village Engineering Consultant for the cost of said improvements.
(2)
All required improvements for which escrow moneys
have been accepted by the Building Inspector at the time of issuance
of a certificate of occupancy shall be installed by the developer
within a period of nine months from the date of deposit and issuance
of the certificate of occupancy. In the event that said improvements
have not been properly installed, at the end of said time period the
Building Inspector shall give two weeks written notice to the developer
requiring him to install same, and in the event that same are not
installed properly in the discretion of the Building Inspector, the
Building Inspector may request the Village Board to authorize the
Village to proceed to contract out the work for the installation of
the necessary improvements in a sum not to exceed the amount of the
escrow deposit. At the time of the issuance of the certificate of
occupancy for which escrow moneys are being deposited with the Building
Inspector, the developer shall obtain and file with the Building Inspector
prior to obtaining the certificate of occupancy a notarized statement
from the purchaser or purchasers of the premises authorizing the Building
Inspector to install the improvements at the end of the nine-month
period in the event that the same have not been duly installed by
the developer.
Where utilities required by the Planning Board
are to be installed by a public utility company or improvement district
the Planning Board may accept assurance from the public utility company
or improvement district, in writing, that such installations will
be furnished by the company or improvement district within a specified
period of time and in accordance with the approved construction plans.
The applicant shall be required to maintain
all improvements and provide for snow removal on streets and sidewalks,
if required, until acceptance of said improvements by the Village
Board. If there are any certificates of occupancy on a street not
dedicated to the Village, the Village may on 12 hours' notice plow
the street, or effect emergency repairs and charge same to the developer.
The applicant shall be required to file a maintenance bond with the
Village Board, prior to dedication, in an amount considered adequate
by the Village Engineering Consultant and in a form satisfactory to
the Village Attorney in order to assure the satisfactory condition
of the required improvements for a period of one year after the date
of their acceptance by the Village Board and dedication of same to
the Village.
Acceptance of formal offers of dedication of
streets, easements and parks shall rest with the Village Board. The
approval by the Planning Board of a subdivision plat shall not be
deemed to constitute or imply the acceptance by the Village of any
street easement or park shown on said plat. The Planning Board may
require said plat to be endorsed with appropriate notes to this effect.
A.
The Planning Board may defer or waive at the time
of final approval, subject to appropriate conditions, the provision
of any or all such improvements as, in its judgment, are not requisite
in the interests of the public health, safety and general welfare,
or which are inappropriate because of inadequacy or lack of connecting
facilities.
B.
Whenever 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 Village
Board determines said funds shall not be so used.
A.
Where a letter of credit has been required for a subdivision,
no certificate of occupancy for any building in the subdivision shall
be issued prior to the completion of the improvements and offer of
dedication of same to the Village of Airmont or other public agency
as required in the Planning Board's final approval of the subdivision
plat. In general, the extent of said street improvement shall be adequate
for vehicular access by the prospective occupant and by police and
fire equipment, prior to the issuance of an occupancy permit. The
developer shall submit moneys in escrow to the Village in a sum determined
by the Village Engineering Consultant for the final road wearing course
or other necessary final improvement of the street.
B.
No building permit shall be issued for the final 10%
of lots in a subdivision, or, if 10% is less than two, for the final
two lots in a subdivision, until all public improvements required
by the Planning Board for the plat, including final road wearing course,
have been fully completed and offered for dedication.
