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:
(b)
Drainage and other underground facilities installed,
but prior to backfilling.
(c)
After gravel base is spread and compacted.
(d)
When paving courses are 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 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.
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.