If at any time before or during the construction
of the required improvements it is demonstrated to the satisfaction
of the Town Engineer that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the Town Engineer may, upon approval by a previously delegated member
of the Planning Board, authorize modifications which are within the
spirit and intent of the Planning Board's approval and do not extend
to the waiver or substantial alteration of the function of any improvements
required by the Board. The Town Engineer shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Planning Board at its next regular meeting.
At least five days prior to commencing construction
of required improvements, the subdivider shall pay to the Town Clerk
the inspection fee required by the Town Board and shall notify the
Town Board in writing of the time when he proposes to commence construction
of such improvements so that the Town Board may cause inspection to
be made to assure that all Town specifications and requirements shall
be met during the construction of required improvements and to assure
the satisfactory completion of improvements and utilities required
by the Planning Board. All fee schedules are available from the Town
Engineer.
[Amended 4-13-2006 by L.L. No. 2-2006]
If the Town Engineer shall find, upon inspection
of the improvements performed before the expiration date of the performance
bond, that any of the required improvements have not been constructed
in accordance with plans and specifications filed by the subdivider,
he shall so report to the Town Board, Building Director or his designee
and Planning Board. The Town Board then shall notify the subdivider
and, if necessary, the bonding company and take all necessary steps
to preserve the Town's rights under the bond. No plat shall be approved
by the Planning Board as long as the subdivider is in default on a
previously approved plat.