The annotated plat shall be deemed to have final approval when duly
signed by the Planning Board Chair and filed by the applicant in the
Office of the Monroe County Clerk.
Where required by the Planning Board, the applicant shall either
file with the Village Clerk a certified check or irrevocable letter
of credit to cover the full cost of required improvements, or a performance
bond to cover up to 125% of the cost of the required improvements.
Any such bond shall:
Identify a period of not less than one and no more than three
years that the Planning Board deems appropriate within which required
improvements must be completed.
The applicant shall complete all required improvements to the satisfaction
of the Code Enforcement Officer, who shall file with the Planning
Board a letter signifying the satisfactory completion of all improvements
required by the Planning Board. For any required improvements not
so completed, the applicant shall file with the Village Clerk a performance
bond or certified check covering the costs of such improvements and
installations of any improvements not satisfactorily approved by the
Code Enforcement Officer.
If the Code Enforcement Officer shall find, upon inspection of the
improvements performed before the expiration date of the performance
bond, that any of the required improvements have not been constructed
in accordance with the plans and specifications filed by the applicant,
a report identifying the noncompliance shall be submitted to the Village
Board and Planning Board.
The Village Clerk shall notify the applicant and, if necessary, the
bonding company, and take all necessary steps to preserve the Village's
rights under the performance bond.
No subsequent subdivision application shall be reviewed and/or approved
by the Planning Board if the applicant is in default on a previously
approved plat.
No changes, erasures, modifications, or revisions shall be made in
any subdivision plat after approval has been given by the Planning
Board and endorsed in writing on the plat, unless the plat is first
resubmitted to the Planning Board and such modifications are approved
in accordance with this chapter.
If any subdivision plat is recorded without complying with this requirement,
it shall be considered null and void, and the Planning Board shall
institute proceedings to have the plat stricken from the records of
the Monroe County Clerk.
The owner of an approved subdivision may abandon such subdivision
pursuant to the provisions of § 560 of New York State Real
Property Tax Law.