§ SR-27. General instructions.

A. 

Developers must consult with the Planning Board Engineer or his representative before beginning any construction work. They shall comply with the Town of Brookhaven construction specifications and any special directions that may have been issued by the Planning Board.

B. 

The flow of traffic or the safety thereof on any street or highway within the Town shall not be restricted or endangered in any way by equipment, material or vehicles connected with the construction or sales of a subdivision. The developer must provide off-street parking space for all vehicles. Equipment or material shall not be stored within the right-of-way lines of any Town highway.

C. 

Construction shall not be commenced until after a public hearing has been duly held on the particular subdivision map and the map approved. Building permits will not be issued by the Building Department before action by the Planning Board and filing of maps in the County Clerk's office. No road or drainage work may commence until drawings pertaining to such work have been approved by the Planning Board.

D. 

During the construction of the required improvements covered under the terms of the performance bond, existing Town roads, streets and adjoining private property shall be kept free of debris caused by the construction operation or by stormwater runoff from the development site. Any damage so caused shall be immediately repaired by the developer at his own expense. If, after due notice by the Planning Board, the developer does not proceed to make the necessary repairs or to remove the debris caused by his operations, the Town Board may take necessary measures to correct the situation, and the costs shall be paid by the developer.

E. 

Deposit required; funds in escrow.

[Amended 4-27-2017 by L.L. No. 10-2017, effective 5-10-2017]

(1) 

In each case where an application is made for the issuance of a certificate of occupancy prior to the completion and acceptance of the public improvements in the subdivision or any section thereof, the applicant shall deposit with the Town of Brookhaven the sum as established by Town Board resolution. Said sum shall be held in escrow by the Town pending the completion and acceptance of the public improvements. Should the public improvements fail to be completed, the Town may complete the same using the funds held in escrow under the following conditions:

(a) 

If the Town gives appropriate written notice to the person or other legal entity primarily liable to the Town for the completion of the public improvements by certified mail, return receipt requested, and said person or other legal entity fails to complete the same within a reasonable time as specified in the notice, then the Town may complete said improvements and charge back the funds held in escrow with respect to that particular subdivision or section thereof.

(b) 

In the event that the consulting engineer for the Town and the Superintendent of Highways determine that an emergency exists which imperils life or property within the Town of Brookhaven, then the Town may use the funds deposited with respect to the particular subdivision in order to correct said emergency conditions without notice to the person or legal entity having deposited funds with the Town.

(2) 

The person or legal entity applying for the certificate of occupancy shall be responsible for the deposit as established by Town Board resolution per certificate of occupancy. In the event that there is more than one person or legal entity which has applied for certificates of occupancy in any subdivision, then the cost of performing any work in any subdivision or section thereof shall be determined by prorating the number of lots owned by each such person or legal entity into the total number of lots in the subdivision or section thereof. The sum of money remaining on deposit with the Town upon completion and acceptance of the public improvements shall be returned to the person or other legal entity which deposited the same with the Town.

(3) 

Any applicant for a certificate of occupancy prior to completion and acceptance of the public improvements shall be required to execute an agreement with the Town incorporating the terms of this section and permitting the Town or its duly appointed agent, employee or servant to come onto the property owned by the applicant in order to perform the work which may be required.

(4) 

Should any funds be withdrawn to complete work, the Planning Board shall require the person or legal entity responsible for performing such work to replenish such fund, taking into consideration the amount expended and the number of outstanding certificates of occupancy for lots in subdivisions where the performance bonds have not been released. Such amount, as determined by the Planning Board, shall be paid upon the issuance of the next certificate of occupancy.