A. Maintenance of Required Improvements. Upon any approval, an applicant shall be required to complete and maintain all Improvements required pursuant to this chapter consistent with the approval. All conditions and requirements imposed pursuant to the approval process shall be complied with for the life of the Improvements. All Improvements shall be maintained in a fully functional state in good repair and/or healthy condition.
B. Performance Bonding.
(1) As an alternative, an applicant may file with the Village Engineer a performance bond or other suitable security ("bond") to cover the full cost of required Improvements in an amount set by the Village Engineer.
(2) After receiving approval of the bond from the Village Engineer, the applicant must file the bond with the Village Clerk.
(3) The bond shall be conditioned upon the property owner's or developer's completing the required public improvements enumerated on the approved Site Plan in a manner satisfactory to the Village and with said improvements functioning properly for a period of one year from their completion. If such public facility improvements are not so completed or do not so function, the bond shall be forfeited, and the Village shall be entitled to the full amount and shall use the amount necessary to complete the work not done. If any amount of money remains after the Village has completed said work, such excess money shall be returned to the surety or person putting up the required bond. Approval by the Village Engineer, on notice to the Decisionmaking Authority, must be obtained before any bonds or excess money are returned.
(4) The bonds to be deposited as herein provided may consist of bonds of the kinds and nature authorized in § 106 of the General Municipal Law.
(5) For the SD-PRD District, refer to Table 345.405.A-10 (District Standards: Planned Residential Special District).
C. Maintenance Bonding/Declaration.
(1) Upon any approval that involves the installation of a new drainage detention or retention system, an applicant shall be required to sign and notarize a Stormwater Management Practices Maintenance Declaration stating that the property owner is responsible for the installation, maintenance and repair of the stormwater management practices, drainage easements, and any associated landscaping identified in the approval.
(2) Per § 345-405R(2)(b), a maintenance bond lasting one year must be provided for all plantings required in Districts CD-4, CD-5, CD-5W, CD-6, CD-6T, and Civic Districts.
D. Prior Approvals. Any approval issued under prior zoning laws shall be maintained consistent with such approval. All conditions and requirements imposed pursuant to prior approval process shall be complied with for the life of the Improvements. All Improvements shall be maintained in a fully functional state, manicured and in good repair and/or healthy condition.
