We're about to get approval on a subdivision that a local Village is VERY opposed to. It got through before they could pass zoning rules to stop it and we're anticipating legal challenges to the subdivision from a few parties. Today (PB meeting tonight) we get a comment from the Village saying that they want us to certify the subdivision to them (as well as our client) before they will approve it. I don't do a ton of subdivision work but I've never certified a subdivision to the Town, County, Village, etc. before so this struck me as odd. The lawyers are mulling over this right now to try and figure out why the they want us to certify it to them and deciding if we should just do it to get approval done tonight or if they have some ulterior motive for wanting it certified to them. The Village consultants have passed the buck from one to another as to who asked and why but we've discerned that the request came from the PB Chairperson who was asked to do it by the Village Supervisor.
Anyone have any thoughts on why they want this and what implications certifying it to the Village could have?
You can only certify that it is correctly located, as in description and location of roads and easements.
Are they expecting you to certify it meets all legal requirements and challenges?
I would assume they are expecting you to defend them of mistakes they may have made. I also assume you are the only one involved with any kind of insurance.
Paul in PA
This certification requirement would have to be part of the Village's Subdivision Ordinance - in whatever form that follows. What have prior subdivisions shown in the way of this?
the only purpose of a cert. is to show "privity of contract" so unless the village is your client just say no. also check with your e & o carrier
the only purpose of a cert. is to show "privity of contract" so unless the village is your client just say no. also check with your e & o carrier
Tell them to prove that is an existing requirement. Then ask for proof that all others have done so.
You could certify it meets the state min. standards for surveys..