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.
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.
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.