Prior to an action by the Planning Board approving a final plat,
the applicant, at his own expense and without reimbursement by the
Village, shall have installed or shall furnish performance guarantees
for the ultimate installation of certain street, sanitary and other
improvements as specified in the conditional approval of the preliminary
plat and as outlined below.
A.
Streets.
(1)
Streets shall be graded and improved as noted below, with such grading
and improvements to conform to the Village's minimum specifications
for roads, sidewalks, etc., and which shall be approved as to design
and specifications by the Village Engineer or other appropriate representative
of the Village.
B.
Public utility installations.
(1)
The developer shall be responsible for the installation of the following
improvements, which shall be connected to an approved system and shall
be adequate to handle all present and probable future development:
(3)
Underground utility lines, if placed in the right-of-way of a street,
shall be located between the curb and the property line to simplify
the location and repair of such lines, and the subdivider shall install
underground service connections to the property line of each lot before
the street is paved. Utility services carried on pole lines shall
be located along rear lot lines, with easements provided and adequately
documented for maintenance and tree trimming.
D.
Monuments. Permanent monuments shall be set at block corners and
at intervals of approximately 500 feet, or such other distance as
the Planning Board may determine appropriate, and their location shall
be shown on the subdivision plat. Iron pipes shall not be considered
permanent monuments for the purpose of this chapter.
E.
Protection of topsoil. No topsoil shall be removed from the site
or used as spoil. Topsoil moved during the course of construction
shall be redistributed so as to provide at least six inches of cover
to all areas of the subdivision and shall be stabilized by seeding
or planting on slopes of less than 12%, as shown on the final grading
plan, and shall be stabilized by sodding on slopes of 12% or over,
as shown on the final grading plan.
F.
Inspection of improvements.
(1)
All of the above-listed improvements shall be subject to inspection
and approval by the Village Engineer (or other appropriate Village
representative, as determined by the Planning Board and named in the
resolution approving the final plat), who shall be notified by the
developer at least 24 hours prior to the start of construction. No
underground installation shall be covered until inspected and approved.
(2)
If the Village Engineer or other appropriate Village representative
finds, upon inspection, that any of the required improvements have
not been constructed in accordance with the approved construction
detail sheets, the applicant and the bonding company will be severally
and jointly liable for the costs of completing said improvements according
to specifications.
(3)
The Village Engineer or other appropriate Village representative,
as determined by the Planning Board and named in the resolution approving
the final plat, shall act as an agent of the Planning Board for the
purposes of assuring the satisfactory completion of improvements required
by the Planning Board.
(4)
The Village Engineer or other appropriate Village representative
shall determine an amount sufficient to defray costs of inspection,
which sum shall be paid to the Village by the applicant before the
final plat is signed.
A.
After adoption of a resolution approving a final subdivision plat
and before the plat is endorsed by the Planning Board, the applicant
shall be required to complete, at his expense and without reimbursement
by the Village or any special district, all street and other improvements
as shown on the approved construction plans or otherwise specified
in the resolution or, as an alternative, file with the Village Clerk
a bond in an amount fixed by the Planning Board in its resolution
as sufficient to secure to the Village the satisfactory construction,
installation and completion of the required improvements. Such performance
guarantee shall comply with the requirements of Article 7 of the Village
Law and shall be satisfactory to the Village Attorney as to form,
sufficiency and execution. Such performance guarantee shall be issued
by a bonding or surety company approved by the Village Board or by
the owner with security acceptable to the Village Board. The term
of such bond shall be fixed by the Planning Board but in no case for
a period longer than three years. Such term may be extended, however,
with the consent and agreement of all parties. Such bond shall state
the period within which the required improvements must be completed,
which period shall be that specified in the Planning Board resolution.
All improvements shall be completed to the satisfaction of the Planning
Board in accordance with the approved construction plans and the requirements
of this chapter and the Village Construction Standards and Specifications.
B.
Failure to complete improvements.
(1)
Where a bond is not filed. If all required improvements are not completed
within the period specified in the Planning Board resolution of approval,
such approval shall be deemed to have expired, unless, upon request
of the applicant, the period has been extended by resolution of the
Planning Board.
(2)
Where a bond is filed. If all required improvements are not completed
within the term specified by the Planning Board and set forth in the
filed bond, and if no application for the extension of such period
and bond has been made by the applicant and approved by the Planning
Board, the Board may thereupon declare said bond to be in default
and collect the sum remaining payable thereunder, and upon receipt
of the proceeds thereof, the Village shall install such improvements
as are covered by the bond and are commensurate with the extent of
the building development that has taken place in the subdivision,
but not exceeding in cost the amount of such proceeds.
C.
Modification of bond.
(1)
Extension of period specified in bond. The time period specified
for the completion of all required improvements, as set forth in the
bond, may be extended only by resolution of the Planning Board upon
request by the applicant, setting forth, in detail, the amount of
work which has been completed, reasons for failure to complete the
remainder of the work within the specified period, the maximum estimated
time required to complete the remainder of the work and the time period
extension which is requested.
(2)
Reduction of bond. An applicant may request, in writing, that the
Planning Board authorize a reduction in the amount of the bond. Such
request shall itemize the extent of required improvements already
completed, the estimated cost of improvements remaining to be completed,
and the amount of bond reduction requested. The Planning Board may,
if it determines that sufficient required improvements have been installed
to warrant such action, reduce the face amount of the bond by an appropriate
amount so that the new amount will cover the cost in full of all required
improvements remaining to be completed, and any security deposited
with the bond may be reduced proportionately.
D.
The performance guarantee shall in all cases extend for a period
of one year beyond the date of completion of the required improvements
to assure their satisfactory condition. Any defects in the construction
or faulty equipment shall be repaired or replaced by the applicant
without cost to the Village.
E.
Modification of requirements. If at any time, either before or during
the course of construction of the required improvements, it is determined
by the Planning Board that unforeseen conditions make it necessary
to modify the location or design of any improvements, the Board may
modify the terms and conditions of the approval so as to require such
change as may be necessary to comply with the spirit and intent of
the Board's original approval and to conform to accepted engineering
practices. If such modification affects the scope of work covered
by a bond, the Board may require or allow appropriate modification
of such bond.
F.
Guarantees by utility companies. As to utilities required by the
Planning Board, the Board may accept assurance from such public utility
company whose facilities are proposed to be installed. Such assurance
shall be in writing, addressed to the Board, stating that such public
utility company will make the installations necessary for the furnishing
of its services within a specified time in accordance with the approved
construction detail sheets.
A.
Inspection required. The Director of Public Works, or his designee,
shall be responsible for inspecting required improvements during construction
to ensure their satisfactory completion and, upon such completion,
shall furnish the Planning Board with a statement to that effect.
If the Director of Public Works determines that any of the required
improvements have not been constructed in accordance with the approved
plan, the applicant shall be responsible for properly completing said
improvements. Failure of the Director of Public Works to carry out
inspections of required improvements during construction shall not
in any way relieve the applicant or the bonding company of its responsibilities
related to the proper construction of such improvements.
B.
Inspection of stages of construction.
(1)
To facilitate inspection of required improvements during construction,
the applicant shall notify the Director of Public Works, or his designee,
at least three working days before reaching each of the following
stages of construction;
(2)
The applicant shall not proceed to work on any stage subsequent to
the first stage until the work of the previous stage has been inspected
and approved by the Director of Public Works or his designee. In the
case of any other improvements, the Director of Public Works or his
designee shall inspect the work at such progressive stages as he shall
specify, and he shall certify to the Planning Board that the work
was inspected by him and was in accordance with the approved plans
and specifications.
C.
Certificate of construction. At such time as the applicant has completed
construction of all required improvements, he shall furnish to the
Director of Public Works three copies of as-built plans and profiles
which show the actual location of all paved streets, culverts, headwalls,
drains, manholes, catch basins, sidewalks, curbs, utility lines and
equipment, monuments, street signs, street trees and all other required
improvements, as constructed, and all other pertinent information,
such as cross sections of the streets at intervals determined by the
Director of Public Works, the culvert and drain grades, sewer grades,
sidewalk and curb grades and invert elevations at manholes. Such plans
and profiles shall bear a dated certification by a professional engineer
or licensed surveyor to the effect that the data shown thereon was
accurately determined by field survey. If the location or accuracy
of improvements does not, in the opinion of the Planning Board, fully
comply with the approved construction plans and specifications, the
Planning Board shall have the right to refuse to sign the final plat
or release the bond until such situation is corrected.
D.
Inspection fee. To offset the cost incurred by the Village in conducting
inspections, all applicants for approval of submissions involving
the construction of streets and/or other improvements shall be required
to submit an inspection fee, payable to the Village of Sleepy Hollow,
in an amount as set by resolution of the Planning Board.
A.
The approval by the Planning Board of a final plat shall not be deemed
to constitute or imply the acceptance by the Village of any street,
park, playground or other open space shown on said plat.
B.
Offers of dedication. All streets, parks and easements shall be indicated
on the plat. In accordance with § 7-732 of the Village Law,
the applicant may add as part of the plat a notation, if he so desires,
to the effect that no offer of dedication of such streets or parks
or any of them is made to the public. All offers of cession to the
public of all streets and parks not so marked shall be filed with
the Planning Board at the time of submission of the final application.
C.
Petition for dedication. Upon completion of the subdivision and the
road(s), a petition in the form required by the Village shall be filed
for the acceptance of parks or any other reservations or easements.
D.
Acceptance by Village. Acceptance of any offer of cession of streets
or parks shall rest with the Board of Trustees. In the event that
the applicant shall elect not to file the plat in the office of the
County Clerk within the period prescribed for such filing, then such
formal offer of cession shall be deemed void. The approval by the
Planning Board of a subdivision plat shall not be deemed to constitute
nor imply the acceptance by the Village of any streets, parks or other
areas shown on said plat, and the Planning Board may require the addition
of appropriate notes to this effect on the plat.
E.
Maintenance. In the event that no offer of cession to the public
is made for the streets, parks and required easements shown on the
plat, there shall be submitted with the final application copies of
agreements or other documents providing for the suitable maintenance
of such facilities and a statement of all rights which exist with
respect to each of them. The adequacy of such documents shall be subject
to the Planning Board's approval.
The Planning Board may waive, subject to appropriate conditions,
the provision of any or all such improvements and requirements as,
in its judgment of the special circumstances of a particular plat,
are not requisite in the interest of the public health, safety and
general welfare or which, in its judgment, are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
A certificate of occupancy shall not be issued for a structure
within a subdivision where the improvements are guaranteed by a performance
bond unless it is determined by the Planning Board that both of the
following conditions have been complied with:
A.
Status of street improvements. The improvement of the street or streets
giving access to the structure has progressed to a stage deemed adequate
by the Planning Board to render safe all-weather vehicular access
for both routine and emergency purposes.
B.
Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the Planning Board. (If the street is not to be offered for dedication to the Village, such an agreement will have been required in accordance with § 425-17 of this chapter.)
A.
Copies of all covenants or deed restrictions that are intended to
apply to all or any part of the proposed subdivision or resubdivision
shall be submitted by the subdivider to the Planning Board and the
Village Attorney prior to final subdivision approval.
B.
Where title to land designated for parks, recreation areas or open
space is to remain for the subdivider or reserved by covenant for
the common use of the property owners of the subdivision or resubdivision,
the subdivider shall submit copies of agreements or other documents
showing the manner in which such areas are to be maintained and the
provision made therefor to the Village Attorney for approval prior
to final subdivision approval. All agreements and covenants governing
the maintenance of such undeeded parcels of land shall be in a form
acceptable to the Village Attorney as to their legal sufficiency.
The final subdivision plat of any subdivision or resubdivision shall
not be executed until the provisions of this section are complied
with.
The subdivider shall submit a copy of the full-scale Tax Map(s)
on which the location and layout of the proposed subdivision or resubdivision,
including all lots, streets, parks, playgrounds, open spaces and easements,
have been clearly shown to scale as part of the subdivision process.
