A.
Endorsement of final plat.
(1)
After adoption of a resolution approving a final plat
and before the final plat is endorsed by the Planning Board Chairman
or other duly authorized member of the Planning Board, 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, the applicant shall file
with the Board of Trustees a cash deposit or irrevocable 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 18 months 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)
Any irrevocable letter of credit to be delivered by
the applicant to the Village of Westbury shall be from a bank having
an office in Nassau County and having capital in the minimum amount
of $50,000,000. The letter of credit shall authorize payment to the
Village of Westbury 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
18 months 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. The applicant
may elect to deposit cash with the Village of Westbury in lieu of
such letter of credit and, in such event, the village shall be authorized
to pay for the expenses of provision of the required improvements
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, are completed to the satisfaction of the Village
Engineer. Thereafter, building permits and certificates of occupancy
for lots other than the final 10% of all lots may be issued upon the
applicant delivering to the Village of Westbury, for each lot, an
irrevocable letter of credit in favor of the Village of Westbury in
a form satisfactory to the Village Attorney in an amount equal to
twice the total cost of the final road-wearing course and sidewalks,
divided by the number of lots in the subdivision (or, in lieu of such
irrevocable letter of credit, upon the applicant depositing such amount
of cash with the Village of Westbury). 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 Westbury.
(2)
Any irrevocable letter of credit to be delivered by
the applicant to the Village of Westbury shall be from a bank having
an office in Nassau County and having capital in the minimum amount
of $50,000,000. The letter of credit shall authorize payment to the
Village of Westbury 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: 18 months
from the date of filing of the final 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
the final road-wearing course and sidewalks. The applicant may elect
to deposit cash with the Village of Westbury in lieu of such letter
of credit and, in such event, the Village shall be authorized to pay
for the expenses of the provision of the 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 cash deposit or irrevocable 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 cash deposit or irrevocable letter of credit
is filed. If all required improvements are not completed within the
term specified by the Planning Board resolution of approval 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 to the extent that the Board may pay
for such improvements from the proceeds of the cash deposit or irrevocable
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 cash deposit or irrevocable letter
of credit.
(1)
Extension of period specified in Planning Board resolution
regarding cash deposit or irrevocable letter of credit. The time period
specified for the completion of all required improvements, as set
forth in the Planning Board resolution and 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 cash deposit or irrevocable letter of
credit. An applicant may request, in writing, that the Planning Board
authorize a reduction in the amount of the cash deposit or irrevocable
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 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 cash deposit or irrevocable 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 cash deposit or irrevocable letter of credit, the Board
may require or allow appropriate modification of such cash deposit
or irrevocable 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 construction
plans, 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:
(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 shall
specify, and he shall certify to the Planning Board that the work
was inspected by him and was in accordance with the approved construction
plans and specifications.
B.
Certification of construction. 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 licensed
land surveyor to the effect that the data shown thereon was accurately
determined by field survey. If the location or accuracy of improvement
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 Westbury, 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 street lighting, 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 final plat. In accordance with § 7-732
of the Village Law, the applicant may add as part of the final 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. 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 plat application.
B.
Petition for dedication. After approval of the subdivision,
a petition in the form required by the Board of Trustees shall be
filed with such Board for the acceptance of any parks, reservations
or easements being dedicated. Further, after completion of the subdivision
streets, a petition in the form required by the Board of Trustees
shall be filed with such Board for the acceptance of such streets
and any other reservations or easements.
C.
Acceptance by village. Acceptance of any offer of
cession of streets, parks, reservations or easements shall rest with
the Board of Trustees. In the event that the applicant shall elect
not to file the final 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 reservations
and easements shown on the plat, there shall be submitted with the
final plat 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 applicant shall
pay his share of the costs of the future improvements to the village
in escrow prior to signing of the final 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 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 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.
