NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, September 9, 2013, at 7:00 p.m. at 121 West Broadway, Port Jefferson, New York, by the Village Board of the Incorporated Village of Port Jefferson TO AMEND SECTIONS 220-11, 220-43(C), 220-44, and 220-45 OF THE VILLAGE CODE TO REMOVE ADDITIONAL REVIEW OF PLANNING BOARD DECISIONS FOR CLUSTERED SUBDIVISIONS, by proposed local law, a copy of which is on file at the Office of the Village Clerk.
At said Public Hearing any person interested will be given the opportunity to be heard.
Dated: August 23, 2013
Proposed Local Law No. ___ – 2013
AMENDING SECTIONS 220-11, 220-43(C), 220-44, and 220-45 OF THE VILLAGE CODE TO REMOVE ADDITIONAL REVIEW OF PLANNING BOARD DECISIONS FOR CLUSTERED SUBDIVISIONS
Be it enacted by the Village Board of the Incorporated Village of Port Jefferson:
The Code of the Incorporated Village of Port Jefferson, County of Suffolk, New York, is amended by:
AMENDING Sections 220-11, 220-43(C), 220-44, and 220-45 of the Village Code which shall read as follows:
[New Language] [Language to be Deleted]
§ 220-11 Required improvements.
Before the Planning Board grants final approval of the subdivision plat, the subdivider shall follow the procedure set forth in either Subsection A or B below:
A. Deposit or performance bond.
(1) In an amount set by the Planning Board and approved by the Board of Trustees, the subdivider shall either file with the Village Clerk security to cover the full cost of the required improvements as estimated by the Planning Board, or the subdivider shall file a performance bond to cover the full cost of the required improvements as estimated by the Planning Board.
(2) This performance bond is posted by the subdivider to guarantee to the Village that he will faithfully construct or cause to be constructed the required public improvements and utilities of the proposed subdivision to specified construction standards and within the specified time period. The performance bond shall be issued by a bonding or surety company approved by the Village Board of Trustees Planning Board or with other security acceptable to said Board. The bond shall remain in full force and effect until the work is complete. The bond may be modified or declared in default pursuant to § 7-730 of the Village Law.
(3) Any 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, manner of execution and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
(4) Based on a resolution of the Planning Board approving or adjusting the estimate of bond prepared by the Planning Engineer after the conditional approval of the preliminary layout, the subdivider shall present his bond to the Village Attorney for approval at least one week prior to a Village Board of Trustees meeting. If he finds the bond acceptable, the Village Attorney shall notify the Village Clerk prior to the Village Board of Trustees meeting that the performance bond can be added to the agenda. The Village Board of Trustees shall approve or disapprove the performance bond as presented by the Village Attorney. If approved, the bond is filed with the Village Clerk and the Planning Board is notified of the Village Board of Trustees’ action. The Planning Board Village Board of Trustees must approve the bond (or accept the certified check) before the final plat can be signed by the Planning Board or any building permits issued by the Building Inspector.
(5) With respect to any dwelling in the subdivision plat, all required improvements shall be completed to the satisfaction of the Planning Board Engineer before certificates of occupancy can be issued. This shall include construction of the recharge basins, including fencing, planting, topsoil and seeding. All streets affecting the new dwelling shall be completed with grading, landscaping, utilities and the second lift of asphalt. No bond shall be released except upon approval by the Planning Board and the Village Board of Trustees that all required improvements have been completed to its satisfaction.
(6) In addition to the performance bond, the sum of $10,000 per adjacent or contiguous parcel or plot of land may be assessed as security to cover any potential damage resulting to any of these parcels or plots as a result of the developer’s action or omission.
Completion of required improvements. The subdivider shall complete all required improvements to the satisfaction of the Planning Board Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not completed, there shall be submitted to the Village Board of Trustees a bond or certified check covering the costs of all items not completed and the cost of satisfactorily installing any improvement not approved by the Planning Board Engineer. Any such bond shall be satisfactory to the Village Board of Trustees, the Planning Board Engineer and the Village Attorney as to form, sufficiency, manner of execution and surety. If this procedure is followed, no building permit shall be issued and the official date of final plat submission shall not be set by the Planning Board until the Planning Board Engineer accepts the improvements as being complete and satisfactory or until the above-mentioned bonds have been accepted by the Village Board of Trustees.
Regardless of whether the procedure in Subsection A or B is followed, the following also are required:
(1) Maintenance bond. The subdivider shall file with the Village a certified check or surety bond in the amount determined by the Planning Board to be adequate to assure the satisfactory condition of the initial improvements for a period of one year following their completion. Any such bond shall be satisfactory to the Village Board of Trustees, Village Attorney and Planning Board Engineer as to form, sufficiency, manner of execution and surety.
(2) Liability insurance. The subdivider shall file with the Village Attorney a general liability insurance policy at the same time that he files his performance bond. The insurance shall cover the same period as the performance bond and shall be extended in conformance with any extension of the performance bond. The policy shall insure the Village of Port Jefferson and the subdivider for all personal injury and property damage incurred due to any activity related to the development of the subdivision. The minimum limits of liability coverage shall be set by the Village Attorney.
§ 220-43 Compliance with subdivision procedures and requirements.
C. Within six months from date of the Planning Board resolution granting preliminary approval of the cluster subdivision, the developer shall present the design to the Village Board of Trustees, who at its discretion may opt to hold a public information meeting on the design. (Reserved).
§ 220-44 Final approval by Board of Trustees. (Reserved).
Any application which is approved by the Planning Board hereunder shall be subject to final approval or rejection by the Board of Trustees, which approval shall take the form of a resolution adopted at a regular business meeting of the Trustees.
§ 220-45 Plat filing.
Upon final plat approval by the Planning Board and Board of Trustees of any such application and the plat which forms a part thereof, the plat shall be filed by the applicant in the office of the County Clerk; and a further copy shall be filed with the Village Clerk, who shall make appropriate notations and references thereto in the Village Zoning Law or Map.
This Local Law shall take effect immediately.