[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 3-12-2002 by L.L. No. 2-2002.[1] (Ch. 115 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 260.
[1]
Editor's Note: This local law provided that it is intended
to supersede the provisions of § 7-730(9)(a) of the Village
Law.
For the purpose of this chapter, the following terms shall have
the meaning indicated:
Any applicant seeking site plan, special use or subdivision
approval, whether an owner, contract vendee, lessor, lessee, managing
agent, etc., and shall include the agents of said applicant for approval
and all successors in interest of same. The term "developer" shall
include any owner, contract vendee, lessor, lessee, managing agent,
etc., as the same exists at the time of site plan, special use or
subdivision approval, at the time of building permit issuance and
at the time that issuance of a certificate of occupancy is sought.
Any written and executed guaranty, obligation or promise
to maintain, repair or replace any public improvements previously
installed or constructed within a fixed period of time from the date
when such public improvements were accepted for dedication by the
Village, whether made by a surety or bonding company, a developer
or any other third party.
The owner of any real property located within the Village
that is the subject of a performance bond required either by the Planning
Board or any other agency of the Village or by local law of the Village.
Any written and executed guaranty, obligation or promise
made by an owner or developer of property who has received site plan,
special use or subdivision approval from the Planning Board to install
public improvements required by the Planning Board as part of said
approval or to perform other required acts within a fixed period of
time that may be required by the Planning Board pursuant to plan approval,
Village Board or any local law of the Village.
The estimate of the Village Engineer of the full costs of
the installation of such public improvements or requirements guaranteed
or promised by the performance bond.
Any street, roadway, curb, gutter, sidewalk, parking lot,
retaining wall, water main, fire hydrant, sanitary waste disposal
structure, storm drain, retention or detention pond, wetland restoration
facility, street signs, streetlights, trees, seeding, sodding, tree
planting, landscaping improvement or any other public facility or
requirement of the Planning Board or any local law of the Village
identified or characterized as a public improvement as part of an
approved plan in order to protect the public health, safety and welfare.
Any performance bond or maintenance bond that may be required
by the Planning Board, Village Board or other agency of the Village
or by any local law of the Village shall cover the full amount of
the performance bond estimate. The bond shall be satisfactory in form
to the Village Attorney.
To secure installation of the public improvements or other requirements
guaranteed or promised by such performance bonds, there shall be deposited
with the Village Clerk, by the owner or developer, prior to the commencement
of any site work, a sum of money, in cash, irrevocable letter of credit
or by good certified check payable to the Village, equal in amount
to 100% of the performance bond estimate.
A.Â
Any cash deposited under authority of this chapter shall be deposited
by the Village Treasurer in a separate interest-bearing account in
a Village depository and shall be disposed of only as herein provided.
In the event that the improvements or other requirements guaranteed
by the performance bond are not installed or constructed as required
or should a developer cease working upon any public improvement for
an unreasonable period of time thereby leaving the site in an unsafe
or unsightly condition, then, upon resolution of the Village Board
and without the necessity of further legal proceedings, said sum,
together with any accrued interest thereon, shall be withdrawn from
such account by the Village Treasurer and shall be used by the Village
Manager toward either the cost of satisfactorily completing the public
improvements required under the approval or the cost of restoring
the site to a safe, secure and stable condition. If there are surplus
funds remaining after such withdrawal and expenditure, they shall
be refunded to the developer or owner, except for any portion of said
deposit held for maintenance purposes.
B.Â
In the event that the public improvements or other requirements are
installed or completed pursuant to the approval to the satisfaction
of the Village Board after report by the Village Engineer, the Village
Treasurer shall, upon resolution of the Village Board, refund such
sum, together with any accrued interest thereon, to the developer
or owner.
Upon satisfactory construction and/or installation of any public
improvements required by the Planning Board or by any local law of
the Village, the owner or developer shall deposit with the Village
an amount equal to 10% of the original performance bond established
pursuant to this chapter as a maintenance bond. Said maintenance bond
shall constitute a guaranty or promise on the part of the owner or
developer that the public improvements so constructed and/or installed
shall be free from defects from faulty workmanship or materials and
shall require the owner or developer to repair or replace such defects
for a period of one year from the date said public improvements were
accepted for dedication by the Village Board, unless a longer period
of time is mutually agreed to by the owner or developer and the Village.
The maintenance bond shall be a cash deposit, letter of credit or
good certified check made payable to the Village. In the event the
owner or developer does not repair or replace defects in the public
improvements, the Village Board may declare said maintenance bond
in default and shall apply the bond to the cost of repairing or replacing
the same. In the event that the public improvements are properly maintained
for the maintenance bond period, the Village Board shall authorize
release of said bond after report by the Village Engineer.
