ARTICLE II, Street Acceptances and Improvements

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ARTICLE II, Street Acceptances and Improvements

§ 197-5. Sanitary sewers required.

Before a new street is accepted, the village will require that a sanitary sewer line be installed at an invert elevation, of a pitch and of a size acceptable to the Village Superintendent of Public Works and according to standards established by him. All pipe is required to meet the standards of the American Society of Testing Materials. Manholes and lampholes shall be constructed as required by the Superintendent of Public Works. Prior to the commencement of construction of the sewer line, the proposed cost of the same shall be submitted to the Village Board. If the Board deems the estimate reasonable, tentative approval of such extension shall be granted. As the work progresses and the same has been inspected and approved by the Superintendent of Public Works, the village shall pay one-third (1/3) of the cost of such sanitary sewer line to the developer upon presentation and approval of the customary voucher therefor.

§ 197-6. Water mains.

A. Water mains shall be installed on the same basis as sanitary sewers, with the provision that if the actual laying of the pipe is done by the Water Board, the Water Board must be reimbursed for two-thirds (2/3) of the cost by the developer.

B. Inasmuch as the legality of the installation of water mains by the Municipal Board on streets not as yet accepted is dubious, it may be proper to require a deposit with the Water Board of the anticipated cost of the developer's share, prior to the commencement of the installation of the main by the Village or Water Board or provision of security by appropriate bond for reimbursement of the total expense in the event that the street shall not be accepted.

§ 197-7. Sewer lines outside village.

So far as sewer lines outside the corporate limits are concerned, the lines have been in the past and will continue to be laid wholly at the expense of the nonresident owner or the developer, and an annual sewer rental shall be paid to the Village Board based on the owner's proportionate share of the cost of operation of the sewage disposal plant.

§ 197-8. Sewer lines on accepted streets.

On accepted streets, sanitary sewer lines will be laid as a street improvement with one-third (1/3) of the cost to be assessed to the adjoining owner on each side of the street and one-third (1/3) of the total cost to be borne by the village. In addition, the developer shall construct concrete curbing on each side of the macadam surface of the street in accordance with specifications to be supplied by the Superintendent of Public Works.

§ 197-9. Stormwater sewer lines.

A. Before a new street is accepted, the village will also require, unless the Board of Trustees deems it not practicable to install storm water sewer lines that a stormwater sewer line be installed at a pitch and of a size acceptable to the Village Superintendent of Public Works and according to standards established by him. All pipe is required to meet the standards of the American Society of Testing Materials. Catch basins shall be constructed as required by the Superintendent of Public Works.

B. Prior to the commencement of construction of the stormwater sewer lines and catch basins, the proposed cost of the same shall be submitted to the Village Board. If the Board deems the estimate reasonable, tentative approval of such installation of the stormwater sewer lines shall be granted.

C. As the work progresses, and provided that the same has been inspected and approved by the Superintendent of Public Works, the village shall pay one-third (1/3) of the cost of such stormwater sewer lines and catch basins to the developer upon presentation and approval of the customary voucher therefor.

D. With relation to corner lots, the width and depth are added together and divided by two (2) to compute the frontage to be paid for by the developer.

§ 197-10. Improvements to streets prior to acceptance.

A. The developer shall bring the street to a grade established by the Superintendent of Public Works, with eight (8) inches of compacted gravel equal to the specifications for the same provided by the Superintendent of Public Works, for a width of thirty (30) feet. In addition, the developer shall apply a macadam surface, a minimum of twenty-four (24) feet wide, as specified by the Superintendent of Public Works. A plant mix, of specifications to be provided by the Superintendent of Public Works, for a minimum width of twenty-four (24) feet will be applied.

B. Upon acceptance of such street, the village shall reimburse the developer for one-third (1/3) of the cost of such payment, the village contribution to be limited to one-third (1/3) of the cost of the paving surface and not to the grading and graveling, plus one-third (1/3) of the fair and reasonable cost of the curbing.

C. In the event that subsequent construction remains to be done in the bed of the street, i.e., installation of gas mains and other utilities and paving, a performance bond or other surety satisfactory to the Village Attorney and the Board of Trustees in an amount equal to the developer's share of the cost of making the remaining improvements, as determined by the Superintendent of Public Works, shall be tendered by the developer, together with an agreement, in writing, to complete the entirety of such improvements on or before a date to be fixed by the Village Board, which shall not be earlier than fifteen (15) months after the conditional commitment for acceptance of such street for public maintenance. Upon the completion of such improvements, the village shall reimburse on the basis set forth above.

§ 197-11. Improvements to streets after acceptance.

A. The village will not be responsible as a developer for the installation, grading and/or paving of streets previously accepted by the village but not previously laid out.

B. Prior to the commencement of installation, grading and/or paving of a new previously accepted street, the developer and/or adjoining landowners, shall submit all necessary plans, including all information and/or testing necessary to complete an environmental impact study as required by Article 8 of the Environmental Conservation Law [State Environmental Quality Review Act (SEQR)] and the proposed cost of installation to the Ilion Planning Board for review. Based upon the plans submitted and the proposed cost of installation, grading and/or paving, the Planning Board shall make a recommendation to the Village Board within thirty (30) days of the submission of all necessary plans and cost estimate. If the Village Board deems the estimate reasonable, tentative approval of such installation, grading and/or paving of the street may be granted, and one-third (1/3) of the total cost of the installation, grading and/or paving shall be borne by the village.

C. The developer and/or adjoining landowners shall bring the street to a grade established by the Superintendent of Public Works, with eight (8) inches of compacted gravel equal to the specifications for the same provided by the Superintendent of Public Works, for a width of thirty (30) feet. In addition, the developer shall apply a macadam surface, a minimum of twenty-four (24) feet wide, as specified by the Superintendent of Public Works. A plant mix, of specifications to be provided by the Superintendent of Public Works for a width of at least twenty-four (24) feet will be applied.

D. Upon completion of the installation, grading and/or paving, the village shall reimburse the developer and/or adjoining landowner's for one-third (1/3) of the cost upon presentation and approval of the customary voucher therefor.

E. In the event that subsequent construction remains to be done in the bed of the street, i.e., installation of gas mains and other utilities and paving, a performance bond, or other surety satisfactory to the Village Attorney and the Board of Trustees in an amount equal to the developer's and/or adjoining landowner's share of the cost of making the remaining improvements, as determined by the Superintendent of Public Works, shall be tendered by the developer and/or adjoining landowner's, together with an agreement, in writing, to complete the entirety of such improvements on or before a date to be fixed by the Village Board, which shall not be earlier than fifteen (15) months after completion of the grading of the street. Upon the completion of such improvements, the village shall reimburse on the basis set forth above.

§ 197-12. Time limit on submission of requests for improvement.

All requests for street improvements, which involve the expenditure of village funds therefor, must be submitted to and approved by the Board of Trustees by April 1 of each year, unless this provision is expressly waived by the Board of Trustees.

§ 197-13. Subdivision approval required; deed.

Any proposed subdivision which shall include or contemplate the submission for acceptance of a street shall be submitted to the Planning Commission for approval prior to the submission of such proposed public street to the Board of Trustees for acceptance. A final allotment map and three (3) copies also shall be filed with any application for acceptance of a street dedication. The deed for the new street shall be prepared by the attorney for the developer, but approved by the Village Attorney.

§ 197-14. Conditional acceptance required for issuance of building permit.

Building permits shall not be issued for construction on a proposed street prior to conditional commitment for acceptance of such street for public maintenance, and conditional commitment will not be made until all services running in the street right-of-way are carried from the mains to a point three (3) feet beyond the curbline of the street towards the proposed home.

§ 197-15. Maintenance bond.

A. Prior to formal acceptance of the proposed street by the village, the developer shall submit a one-year maintenance bond, dating from the time of the formal acceptance of the street, warranting to the village that all defects occurring within one (1) year from said acceptance to the street, water, sanitary or stormwater sewer lines or curbing not caused by Acts of Cod or by the village itself shall be remedied within ten (10) days of written notice of such defect by the Board of Trustees.

B. Said maintenance bond shall be in a form and amount approved by the Village Board and Village Attorney.