The subdivider shall give to the Village a written
agreement, in a form satisfactory to the Village Attorney, permitting
entrance by the appropriate Village officials and employees to the
land included within the subdivision for the purpose of inspection
and for the purposes of installing the required improvements in the
event of failure or default of the subdivider to make or complete
such improvements as required by the Board resolution.
The subdivider shall prepare and submit for
approval construction plans described in this chapter and in the street
specifications for all required improvements. No improvements, development
or construction work of any kind shall be commenced until after said
plans have been approved by the Board in accordance with this chapter
and by the appropriate county, state or local agencies' jurisdiction
pursuant to law and such approvals have been endorsed on said plans
or drawing.
If at any time before or during the construction
of the required improvements the Engineer finds or it is demonstrated
to his satisfaction that unforeseen conditions make it necessary to
modify the location or design of such required improvements or to
provide additional improvements, the Engineer may require or authorize
such modifications upon written request of the subdivider, provided
that such modifications are within the spirit and intent of the Board's
approval. The Engineer shall issue any authorization under this section
in writing and shall transmit a copy of such authorization to the
Board for its records within 30 days of the subdivider's petition.
All required improvements shall be installed
in accordance with approved construction plans and shall conform to
the street specifications as applicable and shall be approved by the
Engineer as to design and specifications. Information as to the Village
construction standards and specifications is available at the office
of the Village Clerk.
Each building lot shall have at least three
monuments. Such monuments shall be of such material, size and length
as may be approved by the Village Engineer.
Grading of lots and of streets within right-of-way
lines shall be done in accordance with approved construction plans.
In all grading work, the subdivider shall be required to proceed in
such manner as shall minimize any disturbance to and preserve undamaged,
insofar as possible, existing trees, natural cover and soil and as
shall prevent silting of public streets or drainageways.
All streets and appurtenant structures shall satisfy the requirements of Article III of this chapter.
If placed in the street right-of-way, underground
utilities required by the Board shall be placed between the paved
roadway and street line, where possible, to simplify location and
repair. Underground service connections to the property line of each
lot shall be installed at the subdivider's expense, where the Board
considers such appropriate, before the street is paved.
Where utilities required by the Board are to
be installed by a public utility company, the Board may accept assurance
from said company, in writing, that such installation shall be furnished
by the company within a specified period of time and in accordance
with the approved construction plans.
The Board may require retaining walls, bulkheads
or other structures where there will be grading, excavation or fill
required for the erection or improvement of structures or the improvement
of property. If deemed necessary by the Board, an approved retaining
wall or bulkhead shall be constructed to the specifications required
by the Village Engineer and shall conform to the standards and specifications
of the Village or of the county or state agency having jurisdiction.
A.Â
The subdivider may be required by the Board to carry
away any spring or surface water that may exist, either previous to
or as a result of the subdivision or development. Such drainage facilities
shall be located in street rights-of-way where feasible or in perpetual
unobstructed easements.
B.Â
A drainageway, culvert or other drainage facility
shall, in each case, be large enough to accommodate potential runoff
from its entire upstream drainage area, whether inside or outside
the subdivision or development. The Engineer shall determine the design
and necessary size of the facility based on runoff anticipated from
a ten-year storm under conditions of maximum potential watershed development
permitted under existing zoning therein.
C.Â
The Engineer shall also determine the effect of each
proposed subdivision or development on existing downstream drainage
facilities outside the subdivision or development. Where it is anticipated
that the additional run-off incident to the development of the subdivision
will overload an existing downstream drainage facility during a ten-year
storm, the Engineer shall notify the Board and the Village Trustees
of such potential. In such case, the Board may disapprove such subdivision
or development until provision, satisfactory to the Engineer, the
Board, and the Village Trustees, has been made for the improvement
of said potential condition.
D.Â
The subdivider shall be required to install such facilities
for the drainage of streets as may be required by the Board. Any storage
basins required and any other drainage facilities required to be installed
shall be constructed and completed by the subdivider. All such drainage
structures shall be maintained by the subdivider in good operating
condition until such time as the bond is released.
E.Â
Crossovers under public ways designed to carry existing
drainage shall extend the full width of the right-of-way and be of
the size required for the area to be properly drained. The size of
the required pipe shall be approved by the Engineer. Should the crossover
be larger than a thirty-inch pipe, special provisions shall be made
for protection with a guardrail or headwall, or both.
F.Â
All required culverts and bridges, if any, shall be
constructed in accordance with approved construction plans and shall
conform to the standards and specifications of the Village or the
county or state agency having jurisdiction.
Where required by the Board, the subdivider
shall install water mains and fire hydrants and/or sanitary sewers
of a type and in a manner prescribed by the regulations of the agency
having jurisdiction. In cases where sanitary sewerage is not available
to a subdivision or development, the subdivider shall install individual
sewage disposal systems in accordance with the regulations of the
New York State Department of Health or the Suffolk County Department
of Health Services. The water distribution system shall be designed
to meet the approval of the Board.
The Board may waive, pursuant to § 7-730
of the Village Law, for such period as it may determine, the provision
of any or all such improvements as, in its judgment of the special
circumstances of a particular plat, are not requisite in the interests
of the public health, safety and general welfare or inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the subdivision. In the case of any waiver granted,
the Board shall enter upon its records the findings and reasons why
the particular improvement is not necessary, and it shall attach appropriate
conditions or require such guarantees as may be deemed necessary to
protect the public interest and achieve the objectives of this chapter.
Upon completion of all improvement plans, the
Engineer shall provide the Board with a detailed estimate of the full
cost of all required improvements to be installed. This estimate shall
be submitted to the subdivider and shall be used as the basis for
the amount of the performance bond. This estimate shall be made available
to the subdivider within 30 days of the Board's approval of the improvement
plans.
A.Â
Required bond. Pursuant to § 7-730 of the
Village Law, before the approval by the Board of a plat or the development
of a plat entirely or partially undeveloped, the Board shall require
the subdivider to furnish a performance bond to ensure the completion
of all the required improvements. The subdivider shall file said bond
with the Village Clerk to cover the full cost of the required improvements.
The amount of said bond shall be set by the Board in consultation
with the Village Engineer. Such 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
and to the Board of Trustees as to the surety. All required improvements
shall be made at the expense of the subdivider, without reimbursement
by the Village.
B.Â
A one-year maintenance bond, in an amount not to exceed
25% of the cost of the paving, as determined by the Board, may also
be required, as may a bond or other security to indemnify the Village
against any damage which may be caused by the subdivider, the subdivider's
agent, employees, contractors, subcontractors or suppliers to Village
streets, the paving thereof, culverts or any other Village property.
C.Â
Form of security. Any such security shall be limited
to:
(1)Â
A performance bond issued by a bonding or surety company;
(2)Â
The deposit of funds in or a certificate of deposit
issued by a bank or trust company located and authorized to do business
in this state;
(3)Â
An irrevocable letter of credit from a bank located
and authorized to do business in this state;
(4)Â
Obligations of the United States of America; or
(5)Â
Any obligation fully guaranteed as to interest and
principal by the United States of America having a market value at
least equal to the full cost of such improvements. If not delivered
to the Village, such security shall be held in a Village account at
a bank or trust company.
D.Â
Term of security agreement.
(1)Â
Any such performance bond or security agreement shall
run for a term to be fixed by the Board, but in no case for a longer
term than three years; provided, however, that the term of such performance
bond or security agreement may be extended by the Board with the consent
of the parties thereto in writing.
(2)Â
If the Board shall decide at any time during the term
of the performance bond or security agreement that the extent of building
development that has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such security, or that
the required improvements have been installed as provided in this
section and by the Board in sufficient amount to warrant reduction
in the amount of said security, and upon approval by the Village Board
of Trustees, the Planning Board may modify its requirements for any
or all such improvements.
(3)Â
The amount of such surety shall thereupon be either
reduced or increased by an appropriate amount so that the new amount
will cover the cost in full of the amended list of improvements required
by the Board.
(4)Â
The agreement shall require any bonding or surety
company to guarantee in a manner satisfactory to the Village Attorney
that the amount of the bond will be fully insured so that if the bonding
company fails the Village will still have the bonded funds available
to complete the required improvements.
E.Â
Default of security agreement. In the event that any
required improvements have not been installed as provided in this
section within the terms of such security agreement, the Village Board
of Trustees may thereupon declare said performance bond or security
agreement to be in default and collect the sum remaining payable thereunder;
and upon receipt of the proceeds thereof, the Village shall install
or cause the bonding company to make 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.
F.Â
If, for any reason, construction of improvements is
halted or delayed for a period of one month or more at a time when
the partially completed improvements present a hazard, nuisance or
risk to safety, health or general welfare of the community, a portion
of the bond may be used to temporarily eliminate such danger, and
further development shall be denied until the bond shall be increased
by the amount required to eliminate the danger.
G.Â
The cash security shall become immediately available
to the Village on the date when the improvements are required to be
completed for application toward the completion of such required improvements
as have not been completed on said date. All required improvements
shall be completed to the satisfaction of the Engineer and the Board
within the time stipulated in the Board's resolution. The bond shall
be released by the Board only when all required improvements have
been completed to its satisfaction.
H.Â
If the Engineer or other authorized inspector finds,
upon inspection, that any of the required improvements have not been
constructed in accordance with approved construction plans and the
Village specifications, the subdivider shall be responsible for the
completion of such improvements to the satisfaction of the Board.
Wherever the cost of improvements is covered by a performance bond,
the subdivider and the bonding or surety company shall be severally
and jointly liable for completing said improvements to the satisfaction
of the Board.
I.Â
In the case of subdivisions for which no performance
bond has been posted, if the improvements are not completed within
the period specified by the Board in its resolution approving the
plat, the approval shall be deemed to have expired. In cases where
a performance bond has been posted and required improvements have
not been completed within the term of such bond, the Village Trustees
may thereupon declare said performance bond to be in default.
A.Â
The Board shall provide for the inspection of the
required improvements during construction to ensure their satisfactory
completion. The subdivider shall pay to the Village an engineering
fee and an inspection fee in accordance with a fee schedule fixed
by the Board and at such time as may be stated in its resolution.
The final plat shall not be signed by the Chairman or duly authorized
officer of the Board until such fee has been paid.
B.Â
To facilitate inspection of required improvements
during construction, the subdivider shall notify the Engineer at least
three business days before proceeding with each of the following:
grading of streets and/or lots; backfilling of underground utilities
and/or drainage facilities; paving or surface treatment. The subdivider
shall also notify the Engineer after completion of all improvements.
Prior to the start of construction of any required
improvements, the subdivider shall furnish to the Engineer a copy
of the specifications included in any contract entered into by the
subdivider for such construction.
The Engineer shall make reports to the Board
after each inspection. If the Engineer or an authorized inspector
finds, upon inspection, that any of the required improvements have
not been constructed in accordance with the approved construction
plans and/or the Village specifications, he shall inform the subdivider
and the Board, in writing, within one week of his inspection.
The subdivider is solely responsible for the
completion of required improvements in accordance with the approved
plans. In the event that the Engineer or an authorized representative
is unable to carry out inspection of the required improvements during
construction, the subdivider and the bonding or surety company, if
any, shall not in any way be relieved of their responsibilities for
satisfactory completion of required improvements.
The Board shall not give final approval of required
improvements nor release the bond until the Engineer has submitted
a report stating that all required improvements have been satisfactorily
completed and until the subdivider's engineer or surveyor has furnished
to the Engineer a certified set of record drawings, in the same detail
required for construction plans, showing all improvements as constructed
and a statement certifying that all improvements conform to such record
drawings and the Village specifications. The Engineer's report shall
be submitted to the Board within 60 days of receipt of the certified
drawings and statements.
