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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Form of security. Any such security shall be limited to:
(1) 
A performance bond issued by a bonding or surety company;
(2) 
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) 
An irrevocable letter of credit from a bank located and authorized to do business in this state;
(4) 
Obligations of the United States of America; or
(5) 
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. 
Term of security agreement.
(1) 
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) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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.