A.
Completion of improvements or posting of bond. Before
the plat is signed by the Chairman of the Planning Board, the applicant
shall be required to complete, in accordance with the Planning Board's
resolution and to the satisfaction of the Department of Engineering
and Facilities Management, all the street, sanitary and other improvements
specified in the plat or, as an alternative, to post a bond or other
acceptable type of monetary guaranty (i.e., cash deposit or certificate
of deposit, which shall be in a form satisfactory to the Town Attorney)
at the time of application, estimated by the Planning Board as sufficient
to secure to the town the satisfactory construction and installation
of the uncompleted portion of the required improvements. Such performance
bond shall comply with the requirements of § 277 of the
Town Law and shall be satisfactory to the Town Attorney as to form,
sufficiency and manner of execution The period within which required
improvements must be completed shall be specified by the Planning
Board and expressed in the bond, but in no case for a period of more
than three years unless the period is extended by the Planning Board
with the consent of the involved parties.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.
Costs to be borne by applicant. All required improvements
shall be made by the applicant at the applicant's expense without
reimbursement by the town or any district herein.
C.
Failure to complete improvements. For subdivisions
for which no performance bond has been posted, if the improvements
are not completed within the period specified by the Planning Board
in the resolution approving the plat, the approval shall expire. In
those cases where a performance bond or other guaranty has been posted
and required improvements have not been installed within the term
of such guaranty, the Town Board may thereupon declare said guaranty
to be in default and require that all the improvements be installed
regardless of the extent of the development at the time the guaranty
is declared to be in default.
A.
The Planning Board shall provide for the inspection
of required improvements during construction to ensure their satisfactory
completion.
B.
Inspections. The applicant shall pay to the Town Department
of Engineering and Facilities Management an inspection fee of 5% of
the amount of the estimated cost of required improvements.
[Amended 5-9-2006 by L.L. No. 8-2006; 12-15-2016 by L.L. No. 13-2016;12-13-2018 by L.L. No.
9-2018]
(1)
Inspections shall be scheduled by the applicant through
the office of the Department of Engineering and Facilities Management
during regular business hours. Regular business hours of the Department
of Engineering and Facilities Management shall be Monday through Friday
between the hours of 8:00 a.m. and 4:00 p.m. on days other than those
determined by the Town to be holidays.
(2)
Inspections performed by the Department of Engineering and Facilities Management during regular business hours shall be paid for in accordance with § 254-14B.
(3)
At the prior written request of the applicant and at the sole discretion of the Department of Engineering and Facilities Management, inspections may be performed by the Department of Engineering and Facilities Management on days and at times other than regular business hours. The cost for inspections performed on days and at times other than regular business hours (the "additional hourly cost") shall be levied against the applicant in addition to the 5% inspection fee provided for in § 254-14B and shall be based on the blended hourly rate of all Environmental Inspector IIIs employed by the Town, including benefits. All inspection fees shall be paid prior to the applicant submitting his or her certificate of completion to the Town Attorney for review as defined elsewhere in this chapter.
(4)
The additional hourly cost to the applicant for inspections
performed by the Department of Engineering and Facilities Management
shall be calculated each year by the Comptroller's Office in coordination
with the Department of Engineering and Facilities Management.
(5)
Unpaid inspection fees shall become a lien on the
applicant's property and assessed as such by the Town Assessor's office.
C.
Plats shall not be signed by the Chairman of the Planning
Board unless and until all applicable fees shall have been paid.
D.
If the Department of Engineering and Facilities Management
finds, upon inspection, that any of the required improvements have
not been constructed in accordance with the construction plans, the
applicant shall be responsible for the completion of said improvements
according to specifications.
[Amended 12-13-2018 by L.L. No. 9-2018]
E.
Wherever the cost of improvements is covered by a
performance bond, the applicant and the bonding company shall be severally
and jointly liable for the completion of said improvements according
to specifications.
F.
Certificates of completion. The owner or developer's
engineer or surveyor shall submit a statement and required documents
to the Town Attorney, certifying that all the required improvements
have been completed and installed in accordance with approved plans.
Upon receipt of the applicant's statement, the Town Department of Engineering
and Facilities Management shall make a determination that all required
improvements have been completed in accordance with the approved plans
and specifications. The Town Board may thereafter accept the improvements
for dedication in accordance with the established procedure.
[Amended 12-13-2018 by L.L. No. 9-2018]
[Amended 5-13-2008 by L.L. No. 5-2008; 12-13-2018 by L.L. No. 9-2018]
A.
The owner or developer shall be required to maintain
all improvements and provide for snow removal on streets and sidewalks
until acceptance of said improvements by the Town Board. The applicant
shall be required to file a maintenance bond with the Town Board,
prior to dedication, in an amount considered adequate by the Town
Department of Engineering and Facilities Management and in a form
satisfactory to the Town Attorney, in order to assure the satisfactory
condition of the required improvements for a period of one year (or
longer if required by the Department of Engineering and Facilities
Management) after the date of their acceptance by the Town Board.
B.
In the event a required improvement such as a retention
or detention pond requires routine scheduled maintenance, the applicant
shall, as a condition of final subdivision approval, deposit an amount
equal to 10 years' required maintenance. The Town Board, based upon
a joint recommendation from the Planning Board and the Department
of Engineering and Facilities Management, shall, from time to time
by resolution, adopt a schedule of fees for maintenance of retention/detention
ponds.
[Amended 9-11-1991 by L.L. No. 6-1991]
Acceptance of formal offers of cession of streets,
easements and parks shall rest with the Town Board. In the event that
the applicant shall elect not to file the plat in the office of the
County Clerk within the sixty-day period required by law, then such
formal offers of cession shall become void. The approval by the Planning
Board of a subdivision plat shall not be deemed to constitute or imply
the acceptance by the town of any street, easement or park shown on
said plat. The Planning Board may require said plat to be endorsed
with appropriate notes to this effect.
[Added 8-8-2000 by L.L. No. 10-2000]
A.
The applicant shall make a written request to the
Director of the Department of Engineering and Facilities Management
for any design change in variance with an approved subdivision plat
or its grading plan.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.
Design change requests shall be reviewed only by an
engineer or licensed professional engineer in the Clarkstown Department
of Engineering and Facilities Management, who shall either:
[Amended 12-13-2018 by L.L. No. 9-2018]
(1)
Refer the request to the Technical Advisory
Committee of the Clarkstown Planning Board, who may authorize the
design change, and report said change to the Planning Board at the
next meeting (the report shall be made part of the formal record on
file in the Planning Department); or
(2)
Refer the request to the Clarkstown Planning
Board for review and approval, disapproval or approval with revision.
[Added 8-8-2000 by L.L. No. 10-2000;
amended 12-13-2018 by L.L. No.
9-2018]
A.
Field changes may be approved only by an engineer
or licensed professional engineer in the Clarkstown Department of Engineering
and Facilities Management, or same may be referred to the Planning
Board for additional review. Field changes which are approved in the
Department of Engineering and Facilities Management shall be reported
in writing to the Planning Board at its next meeting. The report shall
describe the changes and the justification for making same and shall
be made part of the formal record on file in the Planning Department.
B.
Unauthorized field changes shall be subject to order
of remediation as determined to be necessary by the Director of the
Department of Engineering and Facilities Management or by resolution
of the Planning Board, upon the concurrence of the Town Attorney.
The Planning Board may waive, at the time of
final approval, subject to appropriate conditions, the provision of
any or all such improvements as, in its Judgment, are not requisite
in the interests of the public health, safety and general welfare
or which are inappropriate because of inadequacy or lack of connecting
facilities. The Planning Board may require, in the alternative, the
payment of a sum no greater than that needed to provide the waived
improvements, for the purpose of providing off-site improvements of
a similar nature that would serve residents of the proposed subdivision.
[Amended 9-11-1991 by L.L. No. 6-1991; 12-13-2018 by L.L. No. 9-2018]
A.
Where a permit is requested for the occupancy of a
building in the subdivision, prior to the completion of the improvements
as required in the Planning Board's approval of the subdivision plat,
the street serving the proposed building shall be completed to the
satisfaction of the Town Department of Engineering and Facilities
Management. In general, the extent of said street improvement shall
be adequate for vehicular access by the prospective occupant and by
police and fire equipment prior to the issuance of an occupancy permit.
Where such permit has been issued, the street shall be maintained
in such improved condition by the developer until dedication. In addition,
all required street designation signs and safety signs must be installed
prior to the issuance of an occupancy permit.
B.
Ten-percent restriction of building permits pending dedication of improvements in subdivisions. Building permits shall be restricted, in accordance with the map note per § 254-29B of this chapter, to footings, foundations and utilities only on 10% or one of the structures or dwelling units, whichever is greater, in each subdivision until all required improvements have been completed to the satisfaction of the Department of Engineering and Facilities Management and shall have been dedicated to the town, unless waived by the Planning Board.
