§ 40-4. Amendment of Village Law § 7-730.  


Latest version.
  • The following subdivisions of § 7-730 of the Village Law, as last amended by Chapter 727, Section 6, of the Laws of 1992, are hereby amended in their application to the Village of Upper Brookville as follows:
    § 7-730 Subdivision review; approval of plats; additional requisites.
    4.
    Reservation of parkland on subdivision plats containing residential units.
    (a)
    Before the Planning Board may approve a subdivision plat containing residential units, such subdivision plat shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes or open space for conservation purposes.
    (b)
    Land for park, playground or other recreational purposes or open space for conservation purposes ("open space areas") may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks or open space be suitably located within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular subdivision plat will contribute and water conservation, wildlife preservation and environmental protection needs of either the Village, adjacent community and region for open space areas.
    (c)
    In the event that the Planning Board makes a finding pursuant to Paragraph (b) of this subdivision that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes or open space areas but that a suitable park or parks or open space areas of adequate size to meet the requirements cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof, in an amount to be established by the Board of Trustees. In making such determination of suitability, the Board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities or open space areas as well as practical factors, including whether there is a need for additional facilities in the Village. Any moneys required by the Planning Board in lieu of land for park, playground or other recreational purposes or open space areas pursuant to the provisions of this section shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes or open space areas, including the acquisition of property.
    (d)
    In the alternative to requiring parks or open space areas, the Planning Board may require, subject to the provisions of § 247 of the General Municipal Law, the granting of an open space easement to the Village for any space or area on the plat characterized by natural scenic beauty or whose existing natural condition or present state, if retained, would enhance the present or potential value of neighboring properties or enhance the conservation of natural or scenic resources and habitat.
    9.
    Performance bond or other security.
    (a)
    Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements as above provided and the costs of the Village relating thereto, prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a Village department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the Village by the owner.
    (b)
    Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in Subdivision 7(b) of § 7-728 of this article, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the County Clerk or Register or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk or Register and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
    (c)
    Form of security. Any such security to cover the estimated cost of public-type improvements and all Village expenses, including engineering and legal expenses, relating thereto ("improvement expenses") must be provided pursuant to a written security agreement with the Village, approved by the Board of Trustees and also approved by the Village Attorney as to form, sufficiency and manner of execution, and shall be limited to: (i) a cash deposit and a performance bond issued by a bonding or surety company; provided, however, that the Planning Board may not require a cash deposit in excess of 25% of the total estimated improvement expenses; (ii) the deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in this state; (iii) an irrevocable letter of credit from a bank located and authorized to do business in this state; (iv) obligations of the United States of America; or (v) any obligations fully guaranteed as to interest and principal by the United States of America having a market value at least equal to the full cost of such improvement expenses. If not delivered to the Village, such security shall be held in a Village account at a bank or trust company.
    (d)
    Term of security agreement. Any such performance bond or security agreement shall provide that the improvements shall be installed within a period fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the provisions of such performance bond or security agreement may be modified by the Planning Board with consent of the parties thereto to extend the period in which such improvements shall be installed. If the Planning Board shall decide at any time during said period that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Board of Trustees, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
    (e)
    Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the period provided for in such performance bond or security agreement, the Board of Trustees may thereupon declare said performance bond or security agreement to be in default and collect the sum remaining payable thereunder, and, upon the receipt of the proceeds thereof, the Village shall install such improvements as are covered by such security.
Amended 9-19-2000 by L.L. No. 1-2000