A.
Developers must consult with the Planning Board Engineer
or his representative before beginning any construction work. They
shall comply with the Town of Brookhaven construction specifications
and any special directions that may have been issued by the Planning
Board.
B.
The flow of traffic or the safety thereof on any street
or highway within the Town shall not be restricted or endangered in
any way by equipment, material or vehicles connected with the construction
or sales of a subdivision. The developer must provide off-street parking
space for all vehicles. Equipment or material shall not be stored
within the right-of-way lines of any Town highway.
C.
Construction shall not be commenced until after a
public hearing has been duly held on the particular subdivision map
and the map approved. Building permits will not be issued by the Building
Department before action by the Planning Board and filing of maps
in the County Clerk's office. No road or drainage work may commence
until drawings pertaining to such work have been approved by the Planning
Board.
D.
During the construction of the required improvements
covered under the terms of the performance bond, existing Town roads,
streets and adjoining private property shall be kept free of debris
caused by the construction operation or by stormwater runoff from
the development site. Any damage so caused shall be immediately repaired
by the developer at his own expense. If, after due notice by the Planning
Board, the developer does not proceed to make the necessary repairs
or to remove the debris caused by his operations, the Town Board may
take necessary measures to correct the situation, and the costs shall
be paid by the developer.
E.
Deposit required; funds in escrow.
[Amended 4-27-2017 by L.L. No. 10-2017, effective 5-10-2017]
(1)
In each case where an application is made for the
issuance of a certificate of occupancy prior to the completion and
acceptance of the public improvements in the subdivision or any section
thereof, the applicant shall deposit with the Town of Brookhaven the
sum as established by Town Board resolution. Said sum shall be held
in escrow by the Town pending the completion and acceptance of the
public improvements. Should the public improvements fail to be completed,
the Town may complete the same using the funds held in escrow under
the following conditions:
(a)
If the Town gives appropriate written notice
to the person or other legal entity primarily liable to the Town for
the completion of the public improvements by certified mail, return
receipt requested, and said person or other legal entity fails to
complete the same within a reasonable time as specified in the notice,
then the Town may complete said improvements and charge back the funds
held in escrow with respect to that particular subdivision or section
thereof.
(b)
In the event that the consulting engineer for
the Town and the Superintendent of Highways determine that an emergency
exists which imperils life or property within the Town of Brookhaven,
then the Town may use the funds deposited with respect to the particular
subdivision in order to correct said emergency conditions without
notice to the person or legal entity having deposited funds with the
Town.
(2)
The person or legal entity applying for the certificate
of occupancy shall be responsible for the deposit as established by
Town Board resolution per certificate of occupancy. In the event that
there is more than one person or legal entity which has applied for
certificates of occupancy in any subdivision, then the cost of performing
any work in any subdivision or section thereof shall be determined
by prorating the number of lots owned by each such person or legal
entity into the total number of lots in the subdivision or section
thereof. The sum of money remaining on deposit with the Town upon
completion and acceptance of the public improvements shall be returned
to the person or other legal entity which deposited the same with
the Town.
(3)
Any applicant for a certificate of occupancy prior
to completion and acceptance of the public improvements shall be required
to execute an agreement with the Town incorporating the terms of this
section and permitting the Town or its duly appointed agent, employee
or servant to come onto the property owned by the applicant in order
to perform the work which may be required.
(4)
Should any funds be withdrawn to complete work, the
Planning Board shall require the person or legal entity responsible
for performing such work to replenish such fund, taking into consideration
the amount expended and the number of outstanding certificates of
occupancy for lots in subdivisions where the performance bonds have
not been released. Such amount, as determined by the Planning Board,
shall be paid upon the issuance of the next certificate of occupancy.
A.
An as-constructed survey shall be made of all curb
and drainage work and submitted to the Planning Board for the Engineer's
approval before permission will be given to construct pavement.
