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, in its discretion, may require
the subdivider either to complete the installation or alternatively
to furnish a performance bond to ensure the completion of all necessary
improvements stipulated in said law and required by the Board. All
required improvements shall be made by the subdivider at his expense,
without reimbursement by the Village. Simultaneously with the application
for approval of the subdivision plat, the subdivider shall file with
the Clerk a written agreement in form and execution satisfactory to
the Village Attorney, permitting entrance by the appropriate Village
officials and employees to the land included within the subdivision
for the purposes of inspection and for the purposes of installing
the required improvements in the event of the failure or default of
the subdivider to make or complete such improvements as required by
the Board resolution.
All required improvements shall be installed in accordance with
approved construction plans and shall conform to the standards and
specifications of construction referenced incident to any approval
or permit and shall be approved by the Engineer as to design and specifications.
All required culverts 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 deemed necessary and required by the Board, the subdivider
shall install curbs and gutters in accordance with the standards and
specifications imposed by the Board.
The Board may require the planting of new street trees in any
area which lacks or is deemed deficient in trees. Such trees shall
be of a size and type approved by the Board and shall be planted in
a manner and location prescribed by the Board.
Street signs of a type approved by the Board shall be provided
by the subdivider and placed at all intersections in locations within
street lines, approved by the Engineer.
The subdivider shall arrange with the Suffolk County Water Authority
or St. James Water District for installation of water mains, fire
hydrants and all other equipment and appurtenances necessary for providing
water for the area to be subdivided. The Board may include in its
resolution approving its subdivision plat such conditions and guaranties
as may be required by the Authority.
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. In the case of any waiver granted,
the Board may attach appropriate conditions or require such guaranties
as may be deemed necessary to protect the public interest and achieve
the objectives of this chapter.
The subdivider shall submit his Engineer's estimate of the full
cost of all required improvements to be installed by the subdivider,
and the Board may request the Engineer to check the cost estimates
for accuracy.
The Board may condition the issuance of building permits or
certificates of occupancy upon satisfactory completion of all required
improvements. If such improvements are not completed within the period
specified by the Board in its resolution approving the subdivision
plat, the approval shall be deemed to have expired.
Simultaneously with the filing of any performance bond required under §
143-31 hereof, the subdivider shall file with the Clerk a surety company payment bond approved by the Village Attorney as to form, sufficiency and manner of execution, guaranteeing to the Village payment of all charges for labor, materials, services and other expenses incurred by the subdivider and his subcontractor in connection with the construction of the required improvements covered by the performance bond.
Prior to the release of any performance bond and as a condition
thereof, the subdivider shall file with the Village a maintenance
bond in an amount to be determined by the Board to be adequate to
assure the preservation of existing topographic and natural assets,
as well as the satisfactory condition of all required improvements
for a period of one year following the release of the performance
bond. Such maintenance bond shall be released only by the Board of
Trustees upon certification that the topographic and natural assets
have been preserved and the required improvements have been maintained
to the satisfaction of the Board for the required one-year period.