A.
Completion of improvements. Before the plat is signed
by the Chairperson of the Planning Board, all applicants shall be
required to complete, in accordance with the Planning Board's decision
and to the satisfaction of the Village Engineer and Town Superintendent
of Highways, as the case may be, all the street, sanitary and other
improvements specified in the final subdivision plat, as approved
by the Planning Board, and to dedicate same to the Village of Montebello
or other governmental agencies free and clear of all liens and encumbrances
on the property and public improvements thus dedicated.
B.
Posting of security. The Planning Board in its discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat and that as an alternative the applicant may post adequate security at the time of application for final subdivision approval in an amount estimated by the Planning Board as sufficient to secure to the Village the satisfactory construction, installation and dedication of the incomplete portion of required improvements. The amount of such security shall be computed in accordance with the requirements of § 108-2A of the Montebello Code. Such security shall comply with the requirements of Article 7 of the Village Law and shall be satisfactory to the Village Attorney as to form, sufficiency and manner of execution as set forth in Article II, § 163-13B(3), of these regulations. The period within which the required improvements must be completed shall be specified by the Planning Board in the resolution approving the final subdivision plat and shall be incorporated in the security agreement.
[Amended 4-27-2011 by L.L. No. 2-2011]
C.
Temporary improvements. The applicant shall build
and pay for all costs of temporary improvements required by the Planning
Board, and shall maintain same for the period specified by the Planning
Board. Prior to construction of any temporary facility or improvement,
the applicant shall file with the Village adequate security for temporary
facilities, which shall insure that the temporary facilities will
be properly constructed, maintained and removed.
D.
Costs to be borne by applicant. All required improvements
shall be made by the applicant, at his expense, without reimbursement
by the Village or any improvement district therein.
E.
Failure to complete improvements. For subdivisions
for which no security has been provided, if the improvements are not
completed within the period specified by the Planning Board in the
resolution approving the plat, the approval shall be deemed to have
expired. In those cases where adequate security has been provided
and required improvements have not been installed within the term
of such security, the Village Board may thereupon declare said security
to be in default and require that all the improvements be installed
regardless of the extent of the building development at the time the
security is declared to be in default. In either case, any sums expended
by the Village to complete such improvements shall be a lien on the
property encompassed by the plat, to be assessed on the next ensuing
tax roll.
F.
Preconstruction requirements.
[Added 12-17-2008 by L.L. No. 8-2008]
(1)
Before any construction or preparation for construction
of any public improvements, the applicant shall:
(a)
Obtain any and all permits and approvals required by any other agency or governmental body, as required by § 163-13B(6).
(b)
Provide security, in an amount to be determined by the Village Engineer in the same manner as is provided in Subsection B of this section, and in a form acceptable to the Village Attorney, for the stabilization of any areas to be disturbed during such construction and for the placement of the wearing course on any roads to be constructed.
(c)
Attend a preconstruction meeting with the Village
Engineer to review such permits and approvals and security for compliance
with this section and to review the construction drawings and details
for compliance with the conditional approval granted by the Planning
Board and with the requirements of the Village.
(2)
At or after such preconstruction meeting, the Village
Engineer shall sign three copies of a check print of the approved
subdivision drawings, including, but not limited to, the grading,
utility, and landscaping plans, which signed drawings shall be the
basis for any such construction. The Village Engineer shall retain
one such signed drawing set, provide one set to the applicant, and
provide one set to the Clerk to the Planning Board for filing. No
construction shall begin until a check print has been signed by the
Village Engineer.
A.
General procedure and fees. Required improvements shall be inspected during construction to ensure their satisfactory completion. The applicant shall pay to the Village an inspection fee in accordance with the Standard Schedule of Fees and § 65-10 of the Village Code, and the subdivision plat shall not be signed by the Chairperson of the Planning Board unless such fee has been paid. Such fees shall be due and payable upon demand of the Village, and no permits or certificates of occupancy shall be issued until all fees are paid. If the Village Engineer or the Superintendent of Highways finds, upon inspection, that any of the required improvements has not been constructed in accordance with the Village's highway and drainage specifications, the applicant shall be responsible for completing said improvements. Wherever the cost of improvements is covered by security, the applicant and the security provider shall be severally and jointly liable for completing said improvements according to specifications.
[Amended 8-17-2005 by L.L. No. 6-2005]
B.
Certificates of satisfactory completion.
(1)
The Village Board will not accept dedication of required
improvements, nor release nor reduce security until the Village Engineer
and the Superintendent of Highways have submitted reports stating
that all required improvements have been satisfactorily completed,
and until the applicant's engineer or surveyor has certified to the
Village Engineer that the layout of the line and grade of all public
improvements is in accordance with the construction plans for the
subdivision and that a title insurance policy has been furnished to
and approved by the Village Attorney indicating that the improvements
shall have been completed, are ready for dedication to the Village,
and are free and clear of any and all liens and encumbrances. Upon
such approval and recommendation, the Village Board shall thereafter
accept the improvements for dedication in accordance with the established
procedure. Similar requirements and procedures shall apply to improvements
to be dedicated to other public agencies.
(2)
Security shall be reduced only to the ratio that the
public improvement dedicated bears to the total public improvements
required for the plat. No application for a reduction of amount shall
be entertained until at least 75% of the secured improvements have
been completed to the satisfaction of the Village Engineer. In no
event shall security be reduced below 25% of the principal amount
until all improvements are complete.
C.
Temporary certification of occupancy and escrow deposits
with Building Inspector.
(1)
Whenever, by reason of the season of the year, any
lot improvements required by the subdivision regulations cannot be
performed, the Building Inspector may, nevertheless, issue a temporary
certificate of occupancy with a maximum time limit of six months,
provided there is no danger to health, safety or general welfare upon
accepting a cash escrow deposit in an amount to be determined by the
Village Engineer for the cost of said improvements. Only one temporary
certificate of occupancy may be issued for each structure.
(2)
All required improvements for which escrow moneys
have been accepted by the Building Inspector at the time of issuance
of a temporary certificate of occupancy shall be installed by the
developer within a period of six months from the date of deposit and
issuance of the temporary certificate of occupancy. In the event that
said improvements have not been properly installed, at the end of
said time period the Building Inspector shall give two weeks written
notice to the developer requiring him to install same, and in the
event that same are not installed properly, in the judgement of the
Building Inspector, the Building Inspector may request the Village
Board to authorize the Village to contract for the installation of
the necessary improvements. At the time of the issuance of the temporary
certificate of occupancy for which escrow monies are being deposited
with the Building Inspector, the developer shall obtain and file with
the Building Inspector prior to obtaining the temporary certificate
of occupancy a notarized statement from the purchaser or purchasers
of the premises authorizing the Building Inspector to install the
improvements at the end of the six-month period in the event that
the same have not been duly installed by the developer. Any sums expended
by the Village in excess of the amount of the escrow deposit shall
become a lien on the improved property, to be assessed on the next
ensuing tax roll.
A.
Where utilities required by the Planning Board are
to be installed by a public utility company or improvement district,
the Planning Board may accept assurance from the public utility company
or improvement district, in writing, that such installations will
be furnished by the company or improvement district within a specified
period of time and in accordance with the approved construction plans.
B.
The applicant shall provide underground wiring sufficient
to allow for the future provision of streetlighting along the streets
of the subdivision, as may be required by the Planning Board and shown
on the final construction plans. The applicant shall also deposit,
at the time of submitting the plat for signing, a sum equal to 120%
of the then-current cost of installing such streetlighting. Such deposit
shall be held in an interest-bearing escrow account for a period of
five years from the date of filing the subdivision or sections thereof
with the County Clerk. If such streetlighting is not installed during
such time, or if such street lighting is installed at a cost which
is less than the amount on deposit, then any unexpended sums, together
with any accrued interest thereon, shall be returned to the applicant.
The applicant shall be required to maintain
all improvements and provide for snow removal on streets and sidewalks,
if necessary, until acceptance of said improvements by the Village
Board or other governmental entity. If there are any certificates
of occupancy on a street not dedicated to the Village, the Village
may on 12 hours' notice plow the street, or effect emergency repairs
and charge same to the applicant. The applicant shall be required
to file maintenance security with the Village Board, together with
the irrevocable offer of dedication of such improvements in an amount
considered adequate by the Village Engineer and in a form satisfactory
to the Village Attorney in order to assure the satisfactory condition
of the required improvements for a period ending one year after the
date of their acceptance by the Village Board and dedication of same
to the Village.
Acceptance of formal offers of dedication of
streets, easements and parks shall rest with the Village Board. The
approval by the Planning Board of a subdivision plat shall not be
deemed to constitute or imply the acceptance by the Village of any
street, easement or park shown on said plat. The Planning Board may
require said plat to be endorsed with appropriate notes to this effect.
A.
The Planning Board may defer or waive at the time
of final approval, subject to appropriate conditions, the provision
of any or all such improvements as, in its judgment, are not requisite
in the interests of the public health, safety and general welfare,
or which are inappropriate because of inadequacy or lack of connecting
facilities.
B.
Whenever 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 developer shall pay his share
of the costs of the future improvements to the Village, in escrow,
prior to signing of the final subdivision plat, or the developer may
post security insuring completion of said improvements upon demand
of the Village. The Village shall refund any funds so paid if not
used for their intended purpose; and refund shall be made when the
Village Board determines said funds shall not be so used.
A.
No certificate of occupancy for any building in the
subdivision shall be issued prior to the completion of the improvements
and dedication of same to the Village of Montebello, as required in
the Planning Board's final approval of the subdivision plat, except
for the wearing course on roads. For purposes of this subsection only,
a street improvement shall be deemed complete if, in the judgement
of the Building Inspector, it is adequate for vehicular access by
the prospective occupant and by emergency equipment, prior to the
issuance of a certificate of occupancy. The developer shall at the
time of dedication submit monies in escrow to the Village in a sum
determined by the Village Engineer and Superintendent of Highways
for the necessary final improvement of the street, including the wearing
course.
B.
No building permit shall be issued for the final 10%
of lots in a subdivision, or, if 10% be less than two, for the final
two lots of a subdivision, until all the public improvements required
by the Planning Board for the plat have been fully completed and dedicated.
The final wearing course may be subject to a form of security, at
the option of the Village.
