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, shall require
the subdivider to complete the installation, or alternatively, to
furnish a performance bond, to insure 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. The subdivider shall give to
the Village a written agreement, in form 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.
A.
Approval required before construction. The subdivider shall have prepared at his expense construction plans, described in § 245-37, for all required improvements. No improvements, development or construction work of any kind shall be commenced until after said plans have been approved by the Board in accordance with these regulations and by the appropriate county or state or local agencies having jurisdiction pursuant to law and such approvals have been endorsed on said plans or drawings.
B.
Modifications. If at any time before, during or within one year after
completion of the construction of the required improvements, but prior
to the release of the bond or security, the Engineer finds or it is
demonstrated to his satisfaction that unforeseen conditions make it
necessary to modify the location or design of such required improvements
or to provide additional improvements, the Engineer may require or
authorize such modifications, provided that such modifications are
within the spirit and intent of the Board's approval and do not extend
to the waiver or substantial alteration of the function of any improvement
required by the Board. The Engineer shall issue any authorization
under this subsection in writing and shall transmit a copy of such
authorization to the Board for its records. In cases where the Engineer
requires additional improvements having a value of $25,000, the subdivider
shall be entitled to a hearing before the Board on the propriety of
installing such additional improvements, whereupon the Board shall
decide the matter.
All required improvements shall be installed in accordance with
approved construction plans and shall conform to the Village construction
standards and specifications and shall be approved by the Engineer
as to design and specifications. A booklet containing the Village
construction standards and specifications is available at the office
of the Village Clerk.
A.
Monuments. Monuments shall be placed at all block corners, angle
points, points of curves in streets and at intermediate points as
shall be required by the Engineer. The monuments shall be of such
material, size and length as may be approved by the Engineer. Monuments
shall be set three inches above ground surface.
B.
Grading. All streets shall be graded, within right-of-way lines,
in accordance with approved construction plans. The grading of lots
shall be done only in accordance with approved construction plans.
In all grading work, the subdivider shall be required to proceed in
such manner as will minimize any disturbance to and preserve undamaged,
insofar as possible, existing trees, natural cover and soil.
C.
Street paving. All streets shall be paved in accordance with the Village construction standards and specifications heretofore referred to in § 245-24.
(1)
Underground utilities. If placed in the street right-of-way, underground
utilities required by the Board shall be placed between the paved
roadway and street line, where possible, to simplify location and
repair. Underground service connections to the property line of each
lot shall be installed at the subdivider's expense, where the Board
considers such appropriate, before the street is paved.
(2)
Public utilities. Where utilities required by the Board are to be
installed by a public utility company, the Board may accept assurance
from said company, in writing, that such installation will be furnished
by the company within a specified period of time and in accordance
with the approved construction plans. The Board may require that all
public utilities in easement areas be provided along rear lot lines.
D.
Drainage improvements.
(1)
Spring and surface water. The subdivider may be required by the Board
to carry away any spring or surface water that may exist either previous
to, or as a result of, the subdivision or development. Such drainage
facilities shall be located in street rights-of-way where feasible
or in perpetual unobstructed easements.
(2)
Drainage and upstream development. A drainageway, culvert or other
drainage facility shall, in each case, be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside
or outside the subdivision or development. The Engineer shall determine
the design and necessary size of the facility based on runoff anticipated
from a ten-year storm under conditions of maximum potential watershed
development permitted under existing zoning therein.
(3)
Drainage downstream. The Engineer shall also determine the effect
of each proposed subdivision or development on existing downstream
drainage facilities outside the subdivision or development. Where
it is anticipated that the additional runoff incident to the development
of the subdivision will overload an existing downstream drainage facility
during a ten-year storm, the Engineer shall notify the Board and the
Village Trustees of such potential. In such case, the Board may disapprove
such subdivision or development until provision, satisfactory to the
Engineer and the Village Trustees, has been made for the improvement
of said potential condition.
(4)
Nassau County requirements. The subdivider will be required to install
such facilities for the drainage of streets as may be required by
the Commissioner of Public Works of Nassau County. Any storage basins
required by the Nassau County Department of Public Works and any other
drainage facilities required to be installed shall be constructed
and completed by the subdivider. All such drainage structures shall
be maintained by the subdivider in good operating condition until
such time as the bond is released.
E.
Culverts and bridges. All required culverts and bridges, if any,
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.
F.
Curbs, gutters and sidewalks. Where deemed necessary and required
by the Board, the subdivider shall install curbs, gutters and sidewalks
or walkways in accordance with Village standards and specifications.
G.
Street trees. The Board may require the planting of new street trees
in a subdivision 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.
H.
Street signs. 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.
I.
Streetlights and fire alarm devices. Where required by the Board,
streetlighting fixtures, of a design approved by the Board or other
municipal agency having jurisdiction, shall be placed in a manner
and location approved by the Board. The Board may require the installation
of fire alarm signal devices.
J.
Water supply and sanitary sewers. Where required by the Board, the
subdivider shall install water mains and fire hydrants and/or sanitary
sewers of a type and in a manner prescribed by the regulations of
the agency having jurisdiction. In cases where sanitary sewerage is
not available to a subdivision or development, the subdivider shall
install individual sewage disposal systems in accordance with regulations
of the New York State Department of Health.
K.
Waiver of required improvements. 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 shall enter upon its records
the reason or reasons why the particular improvement is not necessary,
and it shall attach appropriate conditions or require such guaranties
as may be deemed necessary to protect the public interest and achieve
the objectives of these regulations.
L.
Estimated cost of improvements. 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.
With respect to required improvements, the subdivider shall
follow the procedure set forth in either Subsection A or B below,
as shall be prescribed by the Board.
A.
Completion of improvements. The subdivider shall complete all required improvements to the satisfaction of the Board before the Board signs the plat and before any building permits will be issued. The subdivider shall file with the Village a bond in an amount determined by the Board to be adequate to assure the preservation of existing topographic and natural assets, pursuant to § 245-25B, as well as the satisfactory condition of the subdivision improvements for a period of one year following their completion. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency and manner of execution and to the Board as to surety. Such bond shall be released only by the Board of Trustees when all requirements have been satisfactorily met.
B.
Performance bond.
(1)
If the subdivider is required to post a performance bond to insure
the completion of required improvements, he shall file with the Village
Clerk a performance bond to cover the cost of required improvements
in an amount set by the Board. Such bond shall comply with the requirements
of § 7-730 of the Village Law and shall be satisfactory
to the Village Attorney as to form, sufficiency and manner of execution
and to the Board as to the surety. Where the Board deems necessary,
an escrow deposit may be required.
(2)
A period of one year, or such other period as the Board may deem
appropriate, not to exceed three years, within which required improvements
must be completed shall be set forth in the bond.
(3)
The bond surety may be in cash or partly in cash and partly guaranteed
by a surety company acceptable to the Board, but in the latter case
not less than 25% shall be in cash. The cash surety shall become immediately
available to the Village on the date when improvements are required
to be completed for application toward the completion of such required
improvements as have not been completed on said date. The bond shall
provide that an amount in cash, deemed adequate by the Board, shall
be retained for a period of one year from the date of completion of
the required improvements.
(4)
All required improvements shall be completed to the satisfaction
of the Engineer and the Board within the time stipulated in the Board's
resolution. The bond shall be released only by the Board of Trustees
when all required improvements have been completed to its satisfaction.
C.
Subdivider's responsibility. If the Engineer or other authorized
inspector finds, upon inspection, that any of the required improvements
have not been constructed in accordance with approved construction
plans and the Village standards and specifications, the subdivider
shall be responsible for the completion of such improvements to the
satisfaction of the Board. Wherever the cost of improvements is covered
by a performance bond, the subdivider and the bonding company shall
be severally and jointly liable for completing said improvements to
the satisfaction of the Board.
D.
Failure to complete improvements. For subdivisions for which no performance
bond has been posted, if the improvements are not completed within
the period specified by the Board in its resolution approving the
plat, the approval shall be deemed to have expired. In cases where
a performance bond has been posted and required improvements have
not been completed within the term of such bond, the Village Trustees
may thereupon declare said performance bond to be in default.
A.
General requirements. The Board shall provide for the inspection
of required improvements during construction to ensure their satisfactory
completion. The subdivider shall pay to the Village an inspection
fee in accordance with a fee schedule fixed by the Board and at such
time as may be stated in its resolution. The subdivision plat shall
not be signed by the Board until such fee has been paid.
B.
Timing of inspection. In order to facilitate inspection of required
improvements during construction, the subdivider shall notify the
Engineer at least seven days before he proceeds with each of the following
stages of construction:
C.
Copy of contract specifications. Prior to the start of construction
of any required improvements, the subdivider shall furnish to the
Engineer a copy of the specifications included in any contract entered
into by the subdivider for such construction.
D.
Supervision of construction. The construction of all required improvements shall be supervised by a registered professional engineer employed by the subdivider. After completion of construction, said engineer shall certify to the Board that all required improvements have been constructed as required and approved by the Board or as such requirements have been modified under § 245-23B.
E.
Reports. The Engineer shall make reports to the Board after each
inspection. If the Engineer or his authorized inspector finds, upon
inspection, that any of the required improvements have not been constructed
in accordance with the approved construction plans and/or the Village
standards and specifications, he shall inform the subdivider and the
Board in writing.
F.
Responsibility for completion. The subdivider is solely responsible for completion of required improvements in accordance with the approved plans. See § 245-26C. In the event that the Engineer or his authorized representative is unable to carry out inspection of required improvements during construction, the subdivider and the bonding company, if any, shall not in any way be relieved of their responsibilities for satisfactory completion of required improvements.
G.
Certificates of completion. The Board shall not give final approval of required improvements, nor recommend to the Board of Trustees the release of a bond, until the Engineer has submitted a report stating that all required improvements have been satisfactorily completed and until the subdivider's engineer or surveyor has furnished to the Engineer a certified set of record drawings, in the same detail required for construction plans described in § 245-37, showing all improvements as constructed and a statement certifying that all improvements conform to such record drawings and the standards and specifications of the agency having jurisdiction.
