A. 
Endorsement of final plat.
(1) 
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 street and other improvements as shown on the approved construction plans, 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 one year 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 and the requirements of these regulations.
(2) 
The irrevocable letter of credit to be delivered by the applicant to the Village of Woodsburgh shall be from a bank having an office in Nassau County and having capital in the minimum amount of $50,000,000. Said letter of credit shall authorize payment to the Village of Woodsburgh 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 Village Engineer within one year of the date of the Planning Board resolution. Such sight drafts shall be in the aggregate amount of all expenses incurred by the village for the provision of required improvements. In the event that the applicant has elected to deposit cash with the Village of Woodsburgh in lieu of such letter of credit, the village shall be authorized to pay for the expenses of provision of the required improvements and out of such cash, and any excess cash remaining after the completion of such improvements shall be returned to the applicant.
B. 
Issuance of building permits and certificates of occupancy.
(1) 
No building permits 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 Village Engineer. Thereafter, homes and building permits and certificates of occupancy for additional lots other than the final 10% of all lots may be issued upon the applicants delivering to the Village of Woodsburgh, for each lot, an irrevocable letter of credit in favor of the Village of Woodsburgh in form and manner of execution 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's depositing such amount of cash with the Village of Woodsburgh. 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 Village Engineer and dedicated to the Village of Woodsburgh.
(2) 
The irrevocable letter of credit to be delivered by the applicant to the Village of Woodsburgh shall be from a bank having an office in Nassau County and having capital in the minimum amount of $50,000,000. Said letter of credit shall authorize payment to the Village of Woodsburgh 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 Village Engineer within the earlier of the following two periods: one year 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 sight drafts shall be in the aggregate amount of all expenses incurred by the village for the provision of final road wearing course and sidewalks. In the event that the applicant has elected to deposit cash with the Village of Woodsburgh 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 out of such cash, and any excess cash remaining after the completion of such final improvements shall be returned to the applicant.
C. 
Failure to complete improvements.
(1) 
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, 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.
(2) 
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.
D. 
Modification of letter of credit.
(1) 
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.
(2) 
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 and after due notice and public hearing, 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 by an appropriate amount so that the new amount will cover the cost in full of all required improvements remaining to be completed.
E. 
Modification of requirements. 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 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 of his responsibilities related to the proper construction of such improvements.
A. 
Inspection of stages of construction.
(1) 
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:
(a) 
Rough grading completed.
(b) 
Drainage and other underground facilities installed, but prior to backfilling.
(c) 
After gravel base is spread and compacted.
(d) 
When such paved course is being applied.
(e) 
After completion of all improvements.
(2) 
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/she shall specify and shall certify to the Planning Board that the work was inspected by him/her and whether it was in accordance with the approved plans and specifications.
B. 
Certificate of construction. At such time as the applicant has completed construction of all required improvements, the applicant 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, catchbasins, 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 until such situation is corrected.
C. 
Inspection fee. 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 Woodsburgh, as shown on the fee schedule adopted by the Board of Trustees.
D. 
Maintenance of improvements. 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 applicant. The applicant shall be required to file a maintenance letter of credit with the Board of Trustees, prior to dedication, in an amount considered adequate by the Planning Board 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 and with the consent of the Planning Board, the applicant may add, as part of the plat, a notation, if he/she 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 in a form to be approved by the Village Attorney.
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 or vary, 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 applicant shall pay his share of the costs of the future improvements to the village in escrow prior to signing of the final subdivision plat. 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.
If, at any time, either before of 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 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.