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§ 238-4 Filing fee.

[Amended 11-12-1996 by L.L. No. 2-1996 ; 3-9-2004 by L.L. No. 1-2004 ] A. The filing fee shall be as determined by the Board of Trustees plus an additional fee for each lot covered by the proposed subdivision. B. A sum, as determined by the Board of Trustees, shall be provided to the Village to be placed in a trust and agency account to be used for professional services. When the balance drops below an amount as determined by the Board of Trustees, the fund shall be replenished. At final approval, the balance of the fund shall be refunded.

§ 238-5 Expiration of approval.

Planning Board approval of a preliminary layout submission shall expire six months after the date of such formal action. No Planning Board action shall be taken after such expiration until a new application and filing fee are submitted. A waiver for a reasonable period of time may be given in cases of hardship upon petition to the Planning Board.

§ 238-6 Preliminary layout requirements.

A. The preliminary layout shall be prepared by a licensed professional engineer or land surveyor and shall provide the information noted in this section, except that all drainage designs shall be prepared by a licensed engineer. B. Drawing. (1) The drawing sheet size shall be either: (a) Eighteen inches by 20 inches; or (b) Thirty-six inches by 20 inches; or (c) Thirty-six inches by 40 inches. (2) If more than one sheet is required, a clearly drawn "match line" shall be shown on both sheets and on the key map. C. Title block. (1) Name of the subdivision. (2) Post office address of subdivision. (3) School district and fire district. (4) Name and address of the subdivider. (5) Name, address, license number and seal of the professional engineer or land surve...

Ch 238 Pt 1 Art III Final Plat

§ 238-7 Purpose.

A. The final plat and supporting drawings and documents for a proposed subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the Planning Board review of the preliminary layout as well as the detailed layout drawings for the public improvements and utilities. After public hearing and approval by the Planning Board, this complete submission, along with the performance bond and the provision of the liability insurance policy, as approved by the Village Board, becomes the basis for the construction of the subdivision and the inspection service by the Village Engineer and Planning Board. The plat itself must be recorded at the County Clerk's office to have legal status. An unrecorded plat is...

§ 238-8 Procedure.

A. The submission of a final plat (before Planning Board review) shall consist of the following items in the form prescribed by the Village Clerk: (1) Letter of application for final plat approval, one copy. (2) Acknowledgment of requirements for the final plat, one copy. (3) The final plat, nine paper prints, including signed approval from the Suffolk County Department of Health. (4) The public improvement and utilities plan and profiles drawings, three paper prints. (5) Letters directed to the Chairman of the Planning Board and signed by a responsible official of the lighting agency, water company or any utility company or governmental authority or district which provides necessary utility service and has jurisdiction in the area, approving each propose...

§ 238-9 Expiration of approval.

A. Planning Board approval of a final plat shall expire 90 days after the date of the Planning Board resolution authorizing the Chairman to sign the drawings. B. Upon application by the subdivider, the Planning Board may make a reasonable extension of the approval; provided, however, that the plat shall be revised according to any change in regulations or ordinances applicable to the plat subsequent to the first resolution. C. Expiration of an approval shall mean that any further action will require a new filing fee as well as a review of all previous findings.

§ 238-10 Final plat requirements.

A. The final plat shall be prepared by a licensed professional engineer or land surveyor and shall provide the information noted in this section. B. Drawing. (1) The drawing sheet size shall be either: (a) Eighteen by 20 inches; or (b) Thirty-six by 20 inches. (2) If more than one sheet is required, a clearly drawn "match line" shall be shown on both sheets and on the key map. C. The title block shall be the same as that required for the preliminary layout [see § 238-6C(1) through (7)] . D. Other notations shall be the same as those required for the preliminary layout, except that the certification that the topography shown resulted from an actual field survey shall be omitted [see § 238-6D(1) , (2) , (3) and (5)] . E. The key map of the entire subdivisio...

§ 238-11 Public improvement and utility plan and profiles.

A. This plan and profile is declared to be an integral part of the final plat submission. B. The performance bond and the inspection service shall be based on this drawing, the final plat itself, this subdivision regulation and the Village specifications for such public improvements and utilities. C. Unless a specific waiver is requested in writing, the proposed public improvements and utilities shall comply specifically with this subdivision regulation and the Village specifications. D. Basic plan requirements. (1) Sheet size shall be either: (a) Eighteen inches by 20 inches; or (b) Thirty-six inches by 20 inches; or (c) Thirty-six inches by 40 inches. (2) The area covered, the scale and the title block shall be the same as for the preliminary layout (se...

Ch 238 Pt 1 Art IV Performance Bond and Cash Deposit

§ 238-12 Purpose.

A performance bond and cash deposit shall be posted by the subdivider to guarantee to the Village that he will faithfully construct or cause to be constructed the required public improvements and utilities which are an integral part of his approved final plat, and, further, that the construction shall be completed within a reasonable period of time.

§ 238-13 Procedure.

A. The performance bond estimate shall be prepared by the Village Engineer (see § 238-8D) . B. The Planning Board shall pass a resolution either approving or adjusting that performance bond estimate and shall provide three copies signed by the Chairman for the use of the subdivider in obtaining and posting a bond. C. The subdivider shall present three copies of the performance bond executed on the standard performance bond form, with signed copies of the performance bond estimate attached, to the Village Attorney at least one week prior to any Village Board meeting, for approval as to form and sufficiency by the Village Board at such meeting. A certified check in the amount of the cash deposit and payable to the Village of the Branch shall be submitted to...

§ 238-14 Term of performance bonds and cash deposits.

[Amended 2-12-1980 by L.L. No. 1-1980 ] A. The cash deposit shall run concurrently with the performance bond, and neither can be released without a Village Board resolution to this effect. B. Performance bonds and cash deposits shall have a minimum term of two years. The term of any performance bond or cash deposit shall commence upon final plat plan approval. C. Upon petition to the Planning Board and after a duly advertised public hearing upon said petition, said Board may consider the extension of the performance period of a performance bond upon the petitioner's proof of necessity or unusual or extenuating circumstances. D. Each petition shall be accompanied by a filing fee, along with whatever supporting papers, documents, maps or other material may ...

§ 238-15 Maintenance bonds.

[Amended 9-14-1976 by L.L. No. 5-1976 ; 2-12-1980 by L.L. No. 1-1980 ] A. Prior to the release of a performance bond and cash deposit, the subdivider shall present a maintenance bond to guarantee the life and growth, for a period of three years, of all trees and shrubbery required to be planted by the original performance bond and cash deposit. Additionally, the subdivider shall present a maintenance bond to guarantee operating costs, replacement and/or repairs of all streetlights, streetlight poles and power poles for a period of three years, less any streetlight maintenance which the Village at its discretion may approve. B. Where required by the Superintendent of Highways or the Village Engineer, the subdivider shall provide a maintenance bond to guara...

Ch 238 Pt 1 Art V General Liability Insurance

§ 238-16 Procedure.

The subdivider shall file with the Village Attorney a general liability insurance policy at the same time as he files his performance bond. The Village Board shall approve the policy for form. The policy shall be of the same term as the performance bond and shall be extended in conformance with any extension of the performance bond.

§ 238-17 Coverage.

The policy shall insure the Village of the Branch and the subdivider and shall cover all operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature, including all public improvements. Said policy shall have limits of liability of $100,000 for bodily injury to each person and aggregate liability of $300,000 for each accident, and property damage liability of $5,000 for each accident and aggregate property damage liability of $25,000.

Ch 238 Pt 1 Art VI Public Improvements

§ 238-18 Improvements required.

A. Outline design and construction requirements for public improvements are found in Part 2 of this chapter. B. The following improvements shall be required except where this regulation specifically waives the requirement or when the Planning Board waives the requirement by specific resolution: (1) Paved streets. (2) Curbs or gutters. (3) Sidewalks. (4) Water mains and fire hydrants. (5) Sanitary waste disposal. (6) Storm drainage. (7) Street signs. (8) Streetlighting. (9) Street trees. (10) Planting screen and/or fence. C. Upon petition to the Planning Board or upon motion of the Planning Board, and after a duly advertised public hearing upon said matter, the Board may establish, amend or waive any requirement as specified herein or any approving resolut...

Ch 238 Pt 1 Art VII Variance of Zoning Requirements

[1] Editor's Note: See Ch. 275 , Zoning.