[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.
C. Upon referral as provided in Subsection
B(1), the Technical Advisory Committee, in consultation with the Town Attorney, may require reasonable remediation for any variation to an approved subdivision plat made without authorization.
[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.