After adoption of a resolution approving a final
subdivision plat and before the plat is endorsed by the Mayor/Planning
Board Chairman or other duly authorized member, the applicant shall
be required to complete, at his or her expense and without reimbursement
by the Village or any special district, all street and other improvements
as shown on the approved construction plans or otherwise specified
in the resolution or, as an alternative, file with the Board of Trustees
a bond in an amount fixed by the Board of Trustees in its resolution
as sufficient to secure to the Village the satisfactory construction,
installation and completion of the required improvements. Such bond
shall state the period within which the required improvements must
be completed, which period shall be that specified in the Board of
Trustees resolution. All improvements shall be completed to the satisfaction
of the Board of Trustees, in accordance with the approved construction
plans and the requirements of these regulations and the Village Construction
Standards and Specifications.
A.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements
are not completed within the period specified in the Board of Trustees
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 Board of Trustees.
(2)
Where a bond is filed. If all required improvements
are not completed within the term specified by the Board of Trustees
and set forth in the filed bond and if no application for the extension
of such period and bond has been made by the applicant and approved
by the Board of Trustees, the Board of Trustees may thereupon declare
said bond to be in default and collect the sum remaining payable thereunder,
and, upon receipt of the proceeds thereof, the Village shall install
such improvements as are covered by the bond and are commensurate
with the extent of building development that has taken place in the
subdivision but not exceeding in cost the amount of such proceeds.
B.
Modification of bond.
(1)
Extension of period specified in bond. The time period
specified for the completion of all required improvements, as set
forth in the bond, may be extended only by resolution of the Board
of Trustees 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 bond. An applicant may request, in writing,
that the Board of Trustees authorize a reduction in the amount of
the bond. Such request shall itemize the extent of required improvements
already completed, the estimated cost of improvements remaining to
be completed and the amount of bond reduction requested. Then, upon
approval of the Board of Trustees, and after due notice and public
hearing, the Board of Trustees may, if it determines that sufficient
required improvements have been installed to warrant such action,
reduce the face amount of the bond by an appropriate amount so that
the new amount will cover the cost, in full, of all required improvements
remaining to be completed, and any security deposited with the bond
may be reduced proportionately.
C.
Modification of requirements. If, at any time, either
before or during the course of construction of the required improvements,
it is determined by the Board of Trustees that unforeseen conditions
make it necessary to modify the location or design of any improvements,
the Board of Trustees 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 of Trustees original approval and to
conform to accepted engineering practices. If such modification affects
the scope of work covered by a bond, the Board of Trustees may require
or allow appropriate modification of such bond.
The Village Engineer or his or her designee
shall be responsible for inspecting required improvements during construction
to ensure their satisfactory completion and, upon such completion,
shall furnish the Board of Trustees 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 or the bonding company of their 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 or her 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 or
her designee. In the case of any other improvements, the Village Engineer
or his or her designee shall inspect the work at such progressive
stages as he or she shall specify, and he or she shall certify to
the Board of Trustees that the work was inspected by him or her and
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, he or she
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 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 Board of Trustees,
fully comply with the approved construction plans and specifications,
the Board of Trustees shall have the right to refuse to sign the final
plat or release the bond 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 as set forth by resolution
of the Board of Trustees in the Master Fee Schedule, which may be
amended from time to time.
A.
Offers of cession. All streets, parks and easements
shall be indicated on the plat. In accordance with § 7-732
of the Village Law, the applicant may add as part of the plat a notation,
if he or 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 Board of Trustees at the time of submission
of the final application.
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 formal offer of cession shall be deemed void. The
approval by the Board of Trustees 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 Board
of Trustees 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 Board of Trustees approval.
The Board of Trustees 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.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond unless it is determined by the Board of Trustees
that both of the following conditions have been complied with:
A.
Status of street improvements. The improvement of
the street or streets giving access to the structure has progressed
to a stage deemed adequate by the Board of Trustees to render safe
all-weather vehicular access for both routine and emergency purposes.
B.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the Board of Trustees. (If the street is not to be offered for dedication to the Village, such an agreement will have been required in accordance with § 293-16D of these regulations.)
