A.
General description. The following is a list of key
considerations governing the subdivision of land.
(1)
Subdivision. Subdivisions proposed for the Village
of Penn Yan will be considered either as major or minor subdivisions.
(2)
Resubdivisions. Any change to an existing plat is
considered a resubdivision and thus requires approval of the Planning
Board and may be deemed by the Planning Board as a major or minor
subdivision.
(3)
Surety. The Planning Board can require that appropriate
surety be posted to assure that the project is constructed as designed
or to assure that conditions of approval are met.
(4)
Clustering. The Planning Board will consider any proposal
for a clustered project, but that Board reserves the right to require
clustering to protect environmentally sensitive areas or to preserve
open space.
(5)
SEQR. All proposals require appropriate environmental
reviews in accordance with the State Environmental Quality Review
procedures.
B.
General procedure. Minor subdivisions of land are
considered to be less complex projects and require a one-step process
for approval. Major subdivisions are considered complex divisions
of land and require a three-step process for approval.
A.
Applications. All related application forms are available
from the Village Clerk.
B.
Preapplication conferences. Preapplication conferences
with the Chairman of the Planning Board are encouraged and serve the
following functions:
(1)
To review application requirements;
(2)
To identify any potential area of environmental concern;
(3)
To identify any potential area of historical concern;
(4)
To discuss preliminary design of the project;
(5)
To set a probable timetable for review; and
(6)
To review Village policies concerning development.
C.
Fees. All applications for subdivision approval shall
be accompanied by a fee to be established by resolution of the Village
Board. This fee shall be used to cover part of the cost of the subdivision
review process, including such administrative costs as public hearing
notices, inspections, communications, etc.
D.
Reimbursable costs. Costs incurred by the Planning
Board for consultation fees or other extraordinary expense in connection
with the review of a proposed subdivision shall be charged to the
applicant.
E.
Public hearing. All subdivision proposals require
a public hearing before the Planning Board. Notice will be sent by
the Secretary to the Planning Board to all Village owners of property
located within 500 feet of the parcel proposed for subdivision. The
public hearing is held to permit the public to learn details of the
proposed subdivision. Free and open discussion of the project and
its impacts will be encouraged during the hearing.
F.
Environmental review. The Planning Board will consider
the probable environmental impacts of the proposed subdivision. In
most cases, the Planning Board will be the lead agency for the purpose
of making a significance determination pursuant to SEQR.
G.
Historical review. Plats under review will be referred
to the Historical Preservation Commission if said plats are wholly
or partially in a preservation district or affect a Village landmark.
The Historic Preservation Commission will consider the probable historical
impact of the proposed subdivision and make its recommendations to
the Planning Board within 14 days from the date of receipt. Comments
received from the Commission shall become part of the permanent public
record of the project. In most cases, the Planning Board will be the
lead agency for the purpose of making a determination pursuant to
the Historic Preservation Commission recommendations.
H.
Review by other governmental agencies. All subdivisions
are referred to all affected local, state and federal agencies. Every
subdivision plat must undergo review by the Code Enforcement Officer
of the Village and/or professional consultation if deemed necessary
by the Board to ascertain that civil engineering standards are met.
All comments received from reviewing agencies shall become a part
of the permanent public record of the project.
I.
Date of receipt. Timetables for decisions shall commence
on the date of the first Planning Board meeting subsequent to the
filing of a completed application.
J.
County Planning Board review. The Secretary to the
Planning Board shall, where required by § 239-m of the General
Municipal Law or as may be requested by resolution of the Planning
Board, submit the plat to the County Planning Board for review and
recommendation. No final decision will be rendered prior to the receipt
of such recommendation when the plat is referred pursuant to said
§ 239-m.
A minor subdivision (fewer than five lots) plat
shall be prepared and submitted to the Planning Board for all proposed
minor subdivision. The requirements and procedures of this process
are as follows:
A.
Requirements.
(1)
Nine copies of the minor subdivision plat, a completed
application and a fee shall be submitted to the Village Clerk. Copies
will be used for the following purposes:
(a)
One copy shall be returned to the subdivider
with notification of decision.
(b)
One copy shall be retained by the Planning Board.
(c)
One copy shall be retained by the Code Enforcement
Officer.
(d)
Six copies shall be used for necessary coordination
with and referral to other agencies and consultants.
(2)
Additional copies may be required to be submitted
to the Chairman of the Planning Board who may determine that other
officials, agencies or consultants need to be informed about the project.
(3)
The minor subdivision plat shall comply with the requirements
set forth in the Design and Construction Standards for Land Development
of the Village of Penn Yan. This document is available from the Village
Clerk of the Village of Penn Yan.
B.
Procedures shall be as follows:
(1)
Completed application. Upon the receipt of an application
for a minor subdivision, the Chairman of the Planning Board shall
review the application submitted to determine whether it is complete
in accordance with the standards of this chapter. The Chairman shall
place the matter on the agenda of the next available Planning Board
meeting for discussion purposes. The Chairman also will distribute
the plat to affected agencies, including the Highway, Fire and Municipal
Utilities Boards, the Historic Preservation Commission, if appropriate,
the Code Enforcement Officer and the Village Board.
(2)
Public hearing. The Planning Board will set an appropriate
date for the public hearing.
(a)
The Planning Board will review the completed
application and the plat, taking into account the comments of the
affected agencies which have reviewed the application and the plat.
(b)
The public hearing will be held within 62 days
of the date of the receipt of a completed application by the Planning
Board.
[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No.
2-1996]
(c)
Notice. The notice of the hearing shall be advertised
at least once in the official Village newspaper at least five days
before such hearing is held. Owners of property located within 500
feet of the land proposed for subdivision shall be sent a copy of
the public hearing notice by the Secretary to the Planning Board.
(3)
Action on minor subdivision plat.
(a)
Public hearing. The Planning Board shall, by
resolution within 62 days after the close of the public hearing, approve
conditionally, approve with or without modification or disapprove
such plat. The resolution shall contain the findings of fact on the
project. Notification of action shall be mailed to the subdivider
within seven working days of the date of Planning Board action. In
the case of disapproval of a proposed plat, the Planning Board shall
state its reasons for disapproval in its minutes. A letter stating
the reasons for denial shall be sent by the Planning Board to the
applicant. Failure of the Planning Board to act within the required
time period shall constitute approval. The certificate of the Village
Clerk as to the date of receipt and/or hearing and the failure to
take action within such prescribed time shall be issued on demand
and shall be sufficient in lieu of written approval. Notwithstanding
these provisions, the time in which the Board must take action may
be extended by mutual consent.
[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No.
2-1996]
(b)
Upon completion of the public hearing, the Planning
Board shall make findings of fact on the project. Findings of fact
will be based upon information generated during the public hearing
and the comments made by the affected agencies and staff reports.
This resolution of approval shall include findings of fact.
(c)
Conditional approval. Upon resolution of conditional
approval, the Planning Board shall empower a duly authorized officer
to sign the plat subject to completion of such requirements as may
be stated in the resolution. Conditional approval shall expire within
180 days after the date of the resolution granting conditional approval
unless all such requirements are completed. This period may be extended
by the Planning Board for up to two ninety-day periods beyond the
180 days.
(d)
Expiration of approval. An approved plat shall
be filed in the Yates County Clerk's office within 60 days from the
date of signature of the duly authorized officer of the Planning Board
or certification of no action by the Planning Board. Failure to file
the plat within this period shall constitute expiration of approval.
(e)
Issuance of permits restricted. No site improvements
within the subdivision shall be installed until the plat has received
final approval by the Planning Board and surety has been posted pursuant
to this chapter. No building permits shall be issued within the proposed
subdivision until the plat has been filed in the Yates County Clerk's
office and notification of the filing has been received by the Chairman
of the Planning Board and the Code Enforcement Officer.
A.
General principles. Major subdivisions are a three-step
process consisting of a sketch plat, a preliminary site plat approval
process and the final approval of the plat proposed for subdivision,
as follows:
(1)
Sketch plat: a concept plat which has limited information
about the proposed subdivision and is used for discussion purposes.
(2)
Preliminary site plat: a subdivision map which is
a more detailed refinement of the plats and is considered the major
design phase of the project.
(3)
Final subdivision plat: a refinement of the project
into its final acceptable form.
B.
Sketch plat review procedure.
(1)
Purpose. The purpose of the sketch plat review is
to provide the subdivider with an opportunity to consult early and
informally with the Planning Board in order to save time and money
and to come to agreement as to the most desirable design given the
site constraints and the development requirements of the Village.
(2)
Requirements.
(a)
Nine copies of a proposed sketch plat, a completed
application and a fee shall be submitted to the Village Clerk at least
25 days prior to a scheduled Planning Board meeting. Copies will be
used for the following purposes:
[1]
One copy shall be returned to the subdivider
with notification of decision.
[2]
One copy shall be retained by the Planning Board.
[3]
One copy shall be retained by the Code Enforcement
Officer.
[4]
Six copies shall be used for necessary coordination
with and referral to other agencies and consultants.
(b)
Additional copies may be required to be submitted
to the Planning Board, which may determine that other officials, agencies
or consultants need to be informed about the project.
(c)
The sketch plat shall comply with the Design
and Construction Standards for Land Development of the Village of
Penn Yan.
(3)
Procedures.
(a)
Completed application. Upon the receipt of an
application for a sketch plat review, the Chairman of the Planning
Board shall review the application submitted to determine whether
it is complete in accordance with the standards of this chapter. The
Chairman shall place the matter on the agenda of the next available
Planning Board meeting for discussion purposes. The Chairman also
will distribute the sketch plat to the affected agencies, including
the Highway, Fire and Municipal Utilities Boards, Historic Preservation
Commission, if appropriate, the Code Enforcement Officer and the Village
Board.
(b)
The Planning Board will review the sketch plat
and the comments from the agencies to which the plat was referred.
The Board then may refer the subdivider to appropriate officials or
agencies to resolve any issues of design or legal requirements of
the respective agencies.
(c)
Action on sketch plat. The Planning Board shall
study the sketch plat of a proposed subdivision in relation to existing
and potential development of the adjacent area, compliance with zoning,
environmentally or historically sensitive areas and general development
patterns of the Village. A decision will be made as to the desirability
of the proposed development and the appropriateness of the proposed
design.
(d)
Notification of result. Not later than 62 days
following the receipt of a complete sketch plat, as certified by the
Chairman of the Planning Board, the Planning Board shall convey a
written report to the subdivider. The report shall contain the Board's
findings of fact, its comments concerning the design of the proposed
subdivision, as well as any suggestions as to coordination with the
design of adjacent subdivisions or compliance with requirements of
other affected public agencies. Copies of minutes of the relevant
meetings shall be considered a sufficient written report.
[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No.
2-1996]
A.
Purpose. This step provides detailed information about
the site so that the Planning Board can make decisions about the design
of the project. Some important considerations include, but are not
limited to:
B.
Requirements.
(1)
Nine copies of the preliminary plat and construction
detail of proposed improvements, a completed application and a fee
shall be submitted to the Village Clerk at least 20 days prior to
a scheduled Planning Board meeting. This must occur within six months
of the date of the resolution approving the sketch plat. The Planning
Board may, by resolution, authorize an extension beyond the six-month
limit. The nine copies will be used for the following purposes:
(a)
One copy shall be returned to the subdivider
with notification of decision.
(b)
One copy shall be retained by the Planning Board.
(c)
One copy shall be retained by the Code Enforcement
Officer.
(d)
One copy shall be sent to the Yates County Planning
Board.
(e)
Five copies shall be used for necessary coordination
with and referral to other agencies and consultants.
(2)
Additional copies may be required to be submitted
to the Chairman of the Planning Board, who may determine that other
officials, agencies or consultants need to be informed about the project.
(3)
The preliminary plat shall comply with the Design
and Construction Standards for Land Development of the Village of
Penn Yan.
(4)
The preliminary plat should comply with the recommendations
made by the Planning Board in the report on the sketch plat.
(5)
The preliminary plat shall be clearly marked "preliminary
plat" and shall satisfy the requirements for such plats as described
in the Design and Construction Standards for Land Development of the
Village of Penn Yan.
C.
Procedures.
(1)
Completed application. Upon receipt of an application for a preliminary plat review, the Chairman of the Planning Board shall review the application submitted to determine whether it is complete in accordance with the standards of this chapter. The Chairman also will distribute the preliminary plat to the affected agencies, including the Highway, Fire and Municipal Utilities Boards, the Code Enforcement Officer, the Historic Preservation Commission, if appropriate, the Village Board and (if deemed necessary) additional professional consultation (see § 176-10D) for review and comment. Accompanying the preliminary plat shall be all documents showing construction details of proposed improvements, any supporting materials or engineering reports and a completed environmental review form.
(2)
Review of the preliminary plat is a two-step process
conducted in parallel and consisting of an environmental review and
a review conducted by the Planning Board.
(a)
Environmental review. The environmental review
is an information gathering effort. The project is reviewed to determine
if any design modifications are needed to lessen potential adverse
impacts on the physical or natural environment. Unless overriding
circumstances exist, the Planning Board shall be the lead agency on
all subdivision proposals.
(b)
Review by the Historic Preservation Commission.
Plats under review will be referred to the Historic Preservation Commission
if said plats are wholly or partially in a preservation district or
affect a Village landmark. The Historic Preservation Commission will
consider the probable historical impact of the proposed subdivision
and make its recommendations to the Planning Board within 14 days
from date of receipt. Comments received from the Commission shall
become part of the permanent public record of the project. In most
cases, the Planning Board will be the lead agency for the purpose
of making a determination pursuant to the Historic Preservation Commission
recommendations.
(c)
The Planning Board will review the preliminary
plat and the comments from the agencies to which the plat was referred.
The Board then may refer the subdivider to appropriate officials or
agencies to resolve any issues of design or legal requirements of
the respective agencies.
(d)
Public hearing required. The Planning Board
will set an appropriate date for the public hearing.
[1]
The Planning Board will review the completed
application and the plat, taking into account the comments of the
affected agencies.
[2]
The public hearing will be held within 62 days
of the date of the receipt of a completed application by the Planning
Board. Receipt of the completed environmental review forms is a condition
of a completed application.
[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No.
2-1996]
[3]
Notice. The notice of the hearing shall be advertised
at least once in the official Village newspaper at least five days
before such hearing is held. All Village owners of property located
within 500 feet of the land proposed for subdivision shall be sent
a copy of the public hearing notice by the Chairman of the Planning
Board.
(e)
Action on preliminary subdivision plat.
[1]
Public hearing. The Planning Board shall, by
resolution within 62 days after the close of the public hearing, approve
conditionally, approve with or without modification or disapprove
such plat. The resolution shall contain the findings of fact generated
from the public hearing and agency review of the project.
[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No.
2-1996]
[2]
Recommendations for modification. Upon resolution
of approval with modifications, the Planning Board shall empower a
duly authorized officer to sign the plat subject to modifications
of design as may be stated in the resolution. Approval shall expire
within 180 days after the date of the resolution granting approval
unless all such requirements are completed. This period may be extended
by the Planning Board for up to two ninety-day periods beyond the
180 days.
[3]
Notification. Notification of action shall be
mailed to the subdivider and filed in the Village Clerk's office within
seven working days of the date of Planning Board action. In the case
of disapproval of a proposed plat, the Planning Board shall state
its reasons for disapproval in its minutes. A letter stating the reasons
for denial shall be sent by the Planning Board to the applicant. Failure
of the Planning Board to act within the required time period shall
constitute approval. The certificate of the Village Clerk as to the
date of submission and/or hearing and the failure to take action within
such prescribed time shall be issued on demand and shall be sufficient
in lieu of written approval. Notwithstanding these provisions, the
time in which the Board must take action may be extended by mutual
consent.
A.
Purpose. This step provides for a refinement of information
submitted in the preliminary plat review procedure and submission
of additional information about site design and improvements. This
information permits the Planning Board, officials and the Village
Code Enforcement Officer and/or Engineer to make decisions concerning
the appropriateness of the proposed subdivision. Some important considerations
include but are not limited to:
(1)
Conditions of the preliminary plat approval.
(2)
Mitigating measures resulting from environmental review.
(3)
Mitigating measures resulting from historical review.
(4)
Offers of dedication.
(5)
Requirements of outside agencies.
(6)
Drainage considerations.
(7)
Monumentation of the proposed subdivision.
(8)
Water metering during construction.
(9)
Phasing of the proposed project.
(10)
Surety.
B.
Requirements.
(1)
Nine copies of the final plat and construction detail
of proposed improvements must be submitted within six months of the
date of the resolution approving the preliminary plat. The Planning
Board may, by resolution, authorize an extension beyond the six-month
limit.
(2)
Accompanying each of these copies of the final plat
and construction detail must be a final drainage report and applications
for the creation or extension of proposed special districts. A completed
application and a fee also must be submitted together with these to
the Village Clerk at least 20 days prior to a scheduled Planning Board
meeting. Copies will be used for the following purposes:
(a)
One copy shall be returned to the subdivider
with notification of decision.
(b)
One copy shall be retained by the Planning Board.
(c)
One copy shall be retained by the Code Enforcement
Officer.
(d)
Six copies shall be used for necessary coordination
with and referral to other agencies and consultants.
[Amended 9-6-1993 by L.L. No. 4-1993]
(3)
Additional copies may be required to be submitted
to the Chairman of the Planning Board, who may determine that other
officials, agencies or consultants need to be informed about the project.
(4)
The final plat shall conform substantially to the
preliminary plat as approved by the Planning Board. It shall incorporate
any modifications or other features recommended by the Planning Board
at the preliminary plat stage, and all such compliances shall be clearly
indicated by the subdivider on the appropriate submission.
(5)
The final plat shall be clearly marked "final subdivision
plat" and shall satisfy the requirement for such plats as described
in the Design and Construction Standards for Land Development of the
Village of Penn Yan.
(6)
If the subdivider wishes to develop the subdivision
in stages, a subdivision plat covering a portion of the area encompassed
by the preliminary plat must be submitted, provided that the proposed
development stages were generally indicated on the preliminary plat
approved by the Planning Board. However, no more than two individual
sections shall be in process or under construction at any time.
C.
Procedures.
(1)
Completed application. Upon receipt of an application
for a final plat review, the Chairman of the Planning Board shall
review the application submitted to determine whether it is complete
in accordance with the standards of this chapter. The Chairman also
will distribute the final plat to the affected agencies, including
the Highway, Fire and Municipal Utilities Boards, the Historic Preservation
Commission, if appropriate, the Code Enforcement Officer, the Village
Board and/or an Engineer for the Village of Penn Yan for review and
comment. Accompanying the final plat shall be all documents showing
final construction details of proposed improvements and any supporting
materials and the final engineering reports.
(2)
Public hearing. If the Planning Board deems the final
plat to be significantly different from the preliminary plat with
required modifications, the Board may require a public hearing. A
hearing shall be required in those instances where there has been
a change in primary egress or ingress, an increase in the number of
lots or an alteration of grading plats or method of water supply and/or
sanitary wastewater disposal. A simple change in lot lines without
causing any of the above shall not be deemed a significant change
requiring a hearing. However, for just cause, the Planning Board reserves
the right to hold a public hearing on a final plat approval. Such
public hearing, if required, requires notice to be given. The notice
of the hearing shall be advertised at least once in the official Village
newspaper at least five days before such hearing is held. Village
owners of property located within 500 feet of the land proposed for
subdivision shall be sent a copy of the public hearing notice by the
Chairman of the Planning Board.
(3)
Action on final subdivision plat. The Planning Board
shall, by resolution within 62 days after the date of the public hearing,
approve, conditionally approve or disapprove such a plat. The resolution
shall contain the findings of fact from agency reviews and from the
public hearing, if one has been held. Notwithstanding these provisions,
the time in which the Board must take action may be extended by mutual
consent.
[Amended 9-6-1993 by L.L. No. 4-1993; 5-21-1996 by L.L. No.
2-1996]
(4)
Notification of action shall be mailed to the subdivider
and filed in the Village Clerk's office within seven working days
of the date of Planning Board action. In the case of disapproval of
a proposed plat, the Planning Board shall state its reasons for denial
in its minutes. A letter stating the reasons for denial shall be sent
by the Planning Board to the applicant. Failure to act within the
required time period shall constitute approval. The certificate of
the Village Clerk as to the date of submission and/or hearing and
the failure to take action within such prescribed time shall be issued
on demand and shall be sufficient in lieu of written approval.
(5)
Conditional approval. Upon resolution of conditional
approval, the Planning Board shall empower a duly authorized officer
to sign the plat subject to completion of such requirements as may
be stated in the resolution. Conditional approval shall expire within
180 days after the date of the resolution granting conditional approval
unless all such requirements are completed. This period may be extended
by the Planning Board for up to two ninety-day periods beyond the
one-hundred-eighty-day initial period. Further extensions of time
may be granted upon mutual agreement between the Planning Board and
the applicant.
[Amended 5-21-1996 by L.L. No. 2-1996]
(6)
Issuance of permits restricted.
(a)
No building permits shall be issued within the
proposed subdivision until the final plat has been signed by the duly
authorized officer of the Planning Board and filed with the County
Clerk. Notification of such filing also must be received by the Chairman
of the Planning Board and the Code Enforcement Officer prior to the
issuance of permits. When a certificate of occupancy is requested
for a new building in a subdivision prior to the completion of all
improvements shown on the approved subdivision plat, the utilities
and streets serving the building shall be completed to a degree satisfactory
to the Code Enforcement Officer of the Village. The decision of the
Code Enforcement Officer shall be based upon the following considerations:
[1]
Adequate vehicular access for the prospective
occupant and emergency vehicles.
[2]
Services adequate or completed, including water
systems and an approved means to dispose of sanitary wastes.
[3]
Structure completed to the satisfaction of the
Village building codes which shall utilize standards set forth in
the New York State Uniform Fire Prevention and Building Code.
(b)
Where such certificate of occupancy has been
issued, the streets and utilities proposed for dedication shall be
maintained in a suitable condition by the subdivider at his expense
and liability until such time as it is accepted by the Village.
(7)
Completion of improvements; waiver; certificate of
approval.
(a)
Completion of improvements. The developer shall
complete all improvements in accordance with the approval final subdivision
plats. The quality of the improvements must be in accordance with
final subdivision plats. Their quality also must be acceptable to
the Engineer for the Village, the Highway and Fire Departments, the
Municipal Utilities Board, the Village Board and any other agency
having jurisdiction.
(b)
Waiver. The Planning Board may waive, subject
to appropriate conditions and guaranties, for such period as it may
determine, the provision of any or all such improvements or processes
as, in its judgment of the special circumstances of a particular plat
or plats, 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 to
or in proximity of the subdivision.
(c)
Certificates of subdivision completion. Upon
completion of improvements in accordance with the approved final subdivision
plat, an inspection shall be made of the project by municipal officials
who have jurisdiction over the various improvements installed. Upon
satisfactory review, a certificate of subdivision completion shall
be issued by the Chairman of the Planning Board. Acceptance of offers
of dedication and release of the final performance bond shall be prerequisites
to the issuance of the certificate.
(8)
Surety. Provisions of this section are administered
as provided for in § 7-730 of the Village Law of the New
York State Statutes.
(a)
Purpose. The Village requires a letter of credit
or other acceptable surety to be filed with the Village prior to commencement
of construction of the facilities to assure compliance with proper
installation of facilities and utilities being offered for dedication
and to protect future Village property owners.
(b)
Approval of plats. After final approval of the
subdivision plats, the developer will offer a proposed surety which
indicates the estimated costs of facilities which will be offered
for dedication or other such improvements required by the Planning
Board. The Planning Board will review this proposed surety and, after
seeking the advice of the Code Enforcement Officer, Attorney for the
Village and/or other appropriate officials, shall submit a recommendation
to the Village Board. The Village Board may, by resolution, accept
or reject the proposed value.
(c)
Approval of surety. When the Village Board is
satisfied with the form and value of the proposed surety and is in
receipt of the surety documents, the Village Board, by resolution,
will accept the surety and submit it to the Village Clerk who is charged
with authorizing releases on behalf of the Village. The Village Clerk
will authorize releases from the surety only after receiving instructions
from the Village Board regarding the amount of the release, the date
and the parties who will be named in the release.
(d)
Inspections. All improvements covered under
a performance surety must be inspected during construction. Costs
of the required inspections may be estimated by the Code Enforcement
Officer and shall be borne by the developer and will be included in
the initial value of the surety.
[1]
The inspection procedure is designed to determine
compliance with the approved plats.
[2]
For inspection purposes, the contractor will
notify the Village Code Enforcement Officer or a designee of the Planning
Board when construction will be undertaken on proposed improvements.
Reasonable notice is required. Normally, 24 hours' notice is considered
to be reasonable.
[3]
Inspections are the responsibility of the Code
Enforcement Officer for the Village or a designee of the Planning
Board. The Code Enforcement Officer or designee shall coordinate all
inspections of the project with the developer and the various municipal
officials who have jurisdiction over the various improvements installed.
Subcontracting of inspections on behalf of the Code Enforcement Officer
for the Village may be authorized by the Planning Board. Should the
inspector find improvements are not being installed in compliance
with approved plats, the Planning Board and the Village Board shall
immediately be notified. The Village Board will take all necessary
and proper steps to rectify the situation.
(e)
The process for release of surety will be initiated
when a request is made by the contractor for partial or total release
and is submitted to the Village Board for approval. The request will
be submitted by the Code Enforcement Officer for the Village who shall
compare the request with the inspection record. The Code Enforcement
Officer's determination will be forwarded to the Village Board with
a recommendation for action. At that time, the Village Board will
decide by resolution whether to honor the request and will determine
the dollar value of the release. The Village Clerk will be instructed
to issue the release in the amount determined by the Village.
(f)
Upon completion of improvements, the Planning
Board may honor a request for final release of funds.
[1]
This process begins when the developer submits
a request for release to the Village. Inspection by Village officials
of the improvements is required to assure improvements have been properly
accomplished. A report of this inspection is submitted to the Planning
Board which will make recommendations concerning release to the Village
Board.
[2]
The Village Board will decide whether to accept
dedication. If a road is offered for dedication, the Superintendent
of Public Works will decide whether to accept road dedication. Upon
acceptance of dedication, the Village Board will require a retainage
fee. The Village Board will then release the developer from the former
surety.
[Amended 9-6-1993 by L.L. No. 4-1993]
[3]
In cases of unusually large developments or
in cases where several contractors are involved in the construction
of the project or other extraordinary circumstances, phased releases
may be requested by the developer. The Village Board has the right
to specify the manner of issuing the releases and to whom the releases
are issued.
(g)
All releases under surety are subject to retainage.
Each time release occurs under a surety, 10% of the amount of the
release is retained in the letter of credit until the facilities are
dedicated. Upon dedication, the entire amount of the letter of credit
will be released upon the filing of a suitable form of performance
surety in the amount of 10% of the actual construction costs incurred.
The surety shall be held for a period of one year following dedication
to assure correction of any work that may be found to be defective.
(h)
Surety can be waived in instances where the
subdivider installs all improvements prior to the final plat being
signed by a duly authorized officer of the Village.
