Following an action by the Planning Board approving
a subdivision plat and before the plat is signed by the Chairman or
other authorized official of the Board, the applicant shall complete,
in accordance with the Planning Board's decision and to the satisfaction
of the village's Engineer or any other official authorized by law
to act, all street, sanitary and other improvements specified in the
action approving said plat or, as an alternative, shall file with
the Board of Trustees a bond estimated by the Planning Board as sufficient
to secure to the village the satisfactory construction and installation
of the uncompleted portion of the required improvements. Such a performance
bond shall comply with the requirements of § 7-730 of the
Village Law and shall be satisfactory to the Village Attorney as to
form, sufficiency and manner of execution.
[Amended 11-13-1995 by L.L. No. 4-1995]
A period of one year, or such other period as
the Planning Board may determine as appropriate but not exceeding
three years unless extended by the Planning Board with consent of
the parties thereto, shall be allowed for the completion of all required
improvements. This time period shall be expressed in the performance
bond, if such is filed. In addition, the bond shall provide that an
amount determined as adequate by the Planning Board shall be retained
for a period of one year, or such other period as the Planning Board
may determine, after the date when all required improvements have
been completed, as certified by the village's Engineer, to assure
the satisfactory condition of such improvements.
[Amended 11-13-1995 by L.L. No. 4-1995]
Where no performance bond is filed and the required
improvements are not completed by the applicant within the period
specified by the Planning Board in its approval of the subdivision
plat, said approval shall be deemed to have expired unless, upon request
of the applicant, the period has been extended by resolution of the
Planning Board. Where a performance bond has been filed and the required
improvements have not been installed within the time period specified
in the bond, the bond may be declared in default. The Village Board
of Trustees may collect the sum remaining payable thereunder and,
upon receipt of the proceeds thereof, shall install such improvements
as are covered by such security and as commensurate with the extent
of building development that has taken place in the subdivision but
not exceeding in cost the amount of such proceeds.
All required improvements shall be made by the
applicant at his expense, without reimbursement by the village.
If at any time before or during the construction
of the required improvements it is demonstrated to the satisfaction
of the Planning Board that unforeseen conditions make it necessary
or preferable to modify the location or design of any such improvements,
the Planning Board may authorize, by resolution, such modifications
upon written request of the applicant, provided that such modifications
are within the spirit and intent of the Planning Board's approval
and do not extend to the waiver or substantial alteration of the function
of any improvement required by the Planning Board. A copy of the Planning
Board's resolution shall be transmitted to the applicant. If, in the
opinion of the village's Engineer, such modification would affect
the scope or nature of the work covered by a performance bond, the
Planning Board shall not authorize such modification without the necessary
modification of the performance bond and surety.
The Planning Board may waive, for such period
as it may determine, the provision of any or all such improvements
as in its judgment are not necessary in the interests of the public
health, safety and general welfare. In the case of each waiver granted,
the Planning Board shall enter upon its records the reason or reasons
why the particular improvement is not necessary, and it shall attach
appropriate conditions or require such guaranties as may be necessary
to protect the public interest.
A.
The village's Engineer or other duly designated official
shall inspect required improvements during construction to assure
their satisfactory completion, and the Planning Board shall require
a certificate from such official stating that all required improvements
have been satisfactorily completed. The applicant shall pay to the
village an inspection fee in an amount equal to 2 1/2% of the
construction bond required for the project as a condition of plat
approval, and the final plat shall not be signed by the Chairman and
the Secretary of the Planning Board until such fee has been paid.
[Amended 1-11-1999 by L.L. No. 1-1999]
B.
If the village's Engineer finds, upon inspection,
that any of the required improvements have not been constructed in
accordance with the approved plans, the Planning Board shall notify
the applicant, in writing, and the applicant shall be responsible
for completing said improvements according to specifications. Failure
of the village's Engineer or other duly designated official to carry
out inspections of required improvements during construction shall
not in any way relieve the applicant or the bonding company of their
responsibilities.
In order to facilitate inspection of required
improvements during construction, the applicant shall notify the village's
Engineer before he proceeds with each of the following stages of construction:
When the applicant has completed construction
of the required improvements and requests the inspection of these
improvements, such request shall be accompanied by three copies of
the as-built plans approved by the Planning Board, upon which plans
shall be shown the actual location of the improvements as constructed.
Such plans shall show the edges of pavement, all drainage structures,
water and sewer lines, hydrants and the profile of the pavement at
center line and both edges. Such plan shall bear a dated certification
by a licensed surveyor or professional engineer 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 or release the bond until the situation is corrected.
In accordance with § 7-732 of the
Village Law, the applicant may add a notation on the final plat, if
he so desires, to the effect that no offer of the streets and parks
shown on the plat is made to the public. Formal offer of cession to
the village of all streets and parks not marked with such notation
on the plat, in form satisfactory to the Village Attorney, shall be
filed with the Planning Board prior to its approval of the plat.
A.
Acceptance of any such offer of cession 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 sixty-two-day period required by law or such extension for such
filing as may be granted by the Planning Board under § 7-728
of the Village Law, then such offer of cession shall be deemed to
be void.
[Amended 11-13-1995 by L.L. No. 4-1995]
B.
The approval by the Planning Board of a final plat
shall not be deemed to constitute or imply the acceptance by the Board
of Trustees of any street, park, playground or other open space shown
on said plat. The Planning Board may require said plat to be endorsed
with an appropriate note to this effect.
In those cases where no offer of cession to
the public is made for the roads, parks and required easements shown
on the plat, there shall be submitted with the plat copies of agreements
or other documents providing for and fixing responsibility for their
suitable maintenance and statements of all rights which exist with
respect to the use of such property or properties. Such documents
shall be reviewed by the Village Attorney for legal adequacy and competency.
A.
Where a permit is desired for occupancy of a building
in a subdivision prior to the completion of the improvements as required
in the Planning Board's approval of the subdivision plat, a certification,
in writing, from the Village's Engineer to the Planning Board that
the street serving the proposed building is adequate for vehicular
access by the occupant and by police and fire equipment shall be required
before the Code Enforcement Officer shall issue any occupancy permit.
[Amended 5-24-2010 by L.L. No. 6-2010]
B.
Where such permit has been issued, the street shall
be maintained in suitable condition. If it is not so maintained and
the situation is not corrected within 48 hours following written notice
from the Planning Board, the village's Department of Public Works
shall proceed to put the street into suitable condition, the cost
of which work shall be a charge against the subdivider. The performance
bond given by the subdivider shall provide for the reimbursement of
the village for necessary street maintenance expense incurred under
the above-described circumstances.
