In order that the Village has the assurance
that the construction and installation of such improvements as storm
sewers, public water supply, sewage disposal facilities, street signs,
sidewalks and street surfacing will be completed, the subdivider shall
enter into one of the following agreements with the Village:
A.
Construct all improvements directly affecting the
subdivision as required by this chapter and by the Planning Board
prior to final approval of the plat.
B.
In lieu of the completion of the improvements, furnish
a bond executed by a surety company equal to the cost of construction
of such improvements as shown on the plans and based on an estimate
furnished by the applicant and approved by the Planning Board. Costs
should be considered as future costs.
C.
In lieu of the completion of improvements, deposit
a certified check in sufficient amount equal to the cost of current
construction of such improvements as shown on the plans and based
on the above estimate. Interest income shall offset inflated costs.
A.
Before the final plat is approved, the developer shall
have executed a subdivider contract with the Village and a performance
bond or certified check shall have been deposited covering the estimated
cost of the required improvements that have been designated by the
Planning Board.
B.
The performance bond or certified check shall be to
the Village and shall provide that the subdivider, his heirs, successors
and assigns, their agent or servants will comply with all applicable
terms, conditions, provisions and requirements of this chapter and
will faithfully perform and complete the work of constructing and
installing such facilities or improvements in accordance with such
laws and regulations.
C.
Any such bond shall require the approval of the Village
Board and the Village Attorney as to form, sufficiency, manner of
execution and surety.
D.
Whenever a certified check is deposited, the same
shall be made payable to the Village of West Carthage.
The construction or installation of any improvements
or facilities, other than streets, for which guaranty has been made
by the subdivider in the form of a bond or certified check deposit,
shall be completed within one year from the date of approval of the
final plat. Street improvements shall be completed within two years
from the date of approval of the final plat. The subdivider may request
an extension of time, provided that he can show reasonable cause for
inability to perform said improvements within the required time. The
extension shall not exceed six months, at the end of which time the
Village may use as much of the bond or check deposit to construct
the improvements as necessary. The same shall apply whenever construction
of improvements is not performed in accordance with applicable standards
and specifications.
When a certified check or performance bond is
deposited pursuant to the preceding sections, the Village and subdivider
shall enter into a written agreement itemizing the schedule of improvements
in sequence with the cost opposite each phase of construction or installation,
provided that each cost as listed may be repaid to the subdivider
upon completion and approval after inspection of such improvement
or installation. However, 10% of the check deposit or performance
bond shall not be repaid to the subdivider until one year following
the completion, inspection and acceptance by the Village of all construction
and installation covered by the check deposit or performance bond
as outlined in the subdivider's contract.
Periodic inspections during the installation
of improvements shall be made by the Subdivision Inspector to ensure
conformity with the approved plans and specifications as contained
in the subdivider's contract and this chapter. The subdivider shall
notify the Subdivision Inspector when each phase of improvements is
ready for inspection. At least five days prior to commencing construction
of required improvements, the subdivider shall pay to the Village
Clerk the inspection fee required by the Village Board. Upon acceptable
completion of installation and improvement, the Planning Board shall
issue a letter to the subdivider or his representative and such letter
shall be sufficient evidence for the release by the Village of the
portion of the performance bond or certified deposit as designated
in the subdivider's contract to cover the cost of such completed work.
All tenets of the New York State Building Code shall prevail.
When the Subdivision Inspector, following final
inspection of the subdivision, certifies to the Planning Board and
the Village Board that all installation of improvements has been completed
in accordance with the subdivider's contract, the Village Board may,
by resolution, proceed to accept the facilities for which bond has
been posted or check deposited.
