The purpose of this article is to ensure that the highest standards
of design are conscientiously met through the use of qualified technical
and aesthetic judgment, compatible with the Master Plan of the Town
of Mount Hope. In action upon plats, the Planning Board shall require
among other conditions, in the public interest, that the proposed
streets shall be of sufficient width and suitable grade and suitably
located to accommodate the prospective traffic and to provide suitable
access to the newly created lots. The Planning Board shall further
require that all lots shown on the plat shall be suitable for the
intended purposes. Required improvements shall be designed and constructed
to conform to the specifications as established by the Town. In considering
applications for subdivision of land, the Planning Board shall be
guided by the standards set forth hereinafter.
A.
Character of land. Land to be subdivided shall be of such character
that it can be used safely for building purposes.
B.
Conformity to map and Master Plan. Subdivisions shall conform to
the Official Map and Zoning of the Town and shall be in harmony with
the Master Plan.
C.
Specifications for required improvements. All required improvements
shall be constructed or installed to conform to the Town specifications.
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 authorize modifications, provided that these modifications are
within the spirit and intent of the Planning Board's approval
and do not constitute a 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 and Town Board
at their next regular meeting.
The construction of all required improvements shall be certified
by a professional engineer licensed by the State of New York to the
Town Board that all required improvements have been constructed as
required and approved by the Planning Board and/or as modified by
the Planning Board.
A.
Routine inspection.
(1)
All improvements will be inspected by the Town Highway Superintendent
and the Town Engineer to ensure satisfactory completion. In no case
shall any paving (including prime and seal coats) work be done without
permission from the Town Engineer. At least five days' written notice
shall be given to the Town Engineer prior to any such construction,
so that a representative of the Town may be present at the time work
is to be done. The Town Engineer shall be notified after each of the
following phases or the work has been completed so that he or his
representative may inspect the work:
(2)
No waiver of any of the inspection requirements with respect to public
improvements during construction shall be deemed waived unless such
waiver is made in writing by the Town Highway Superintendent and the
Town Engineer, as the case may be. Notwithstanding the foregoing,
the failure of the Town Engineer or Town Highway Superintendent to
perform the required inspections shall not relieve the subdivider
of the conditions, obligations and/or responsibilities as provided
for under this chapter and the subdivision approval itself.
B.
Final inspection. A final inspection of all improvements shall be
made by the Town Highway Superintendent, and/or the Town Engineer,
and/or the Town Board's authorized representative to determine
whether the work is satisfactory and in compliance with the approved
final plat drawings and in compliance with the Town specifications
as of the time the offer of dedication of the roads is made to the
Town Board. The general condition of the site shall also be considered.
Upon a satisfactory final inspection report, action will be taken
to release the performance bond covering such improvements and utilities.
C.
Fee. An inspection fee as set forth in the Standard Schedule of Fees
shall be paid to the Town prior to the time that the Chairman of the
Planning Board signs the final plat.
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 Inspector and Planning Board. The
Town Board then shall notify the subdivider and take all necessary
steps to preserve the Town's rights under the bond. The Town
Board may thereupon declare the performance bond in default and collect
the sum remaining payable thereunder, and, upon receipts of the proceeds
thereof, the Town shall install such improvements as are covered by
such performance bond and commensurate with the building development
that has taken place in the subdivision, but not exceeding in cost
the amount of such proceeds. In making such determination regarding
streets, highways, parks and required improvements, the Planning Board
shall take into consideration the prospective character of the development,
whether residence, business or industrial. No plat shall be approved
by the Planning Board as long as the subdivider is in default on a
previously approved plat.
