If at any time before or during the construction of the required
improvements it is demonstrated to the satisfaction of the Town Engineer
or Town Supervisor that unforeseen conditions make it necessary or
preferable to modify the location or design of such required improvements,
the Town Engineer or Town Supervisor may, upon approval by a previously
delegated member of the Planning Board, authorize modifications, provided
that these modifications 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 or Town Supervisor 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.
If the Town Engineer or Town Supervisor 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, Code Enforcement Officer 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.