[HISTORY: Adopted by the Town Board of the Town of Mount
Morris 6-12-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
[Adopted 6-12-1997 by L.L. No. 1-1997]
[Amended 12-21-2000 by L.L. No. 6-2000]
A.
The purpose of site plan approval is to determine compliance with the objectives of this article in zoning districts where inappropriate development may cause a conflict between uses in the same or adjoining zoning districts by creating unhealthful and unsafe conditions and thereby adversely affecting the public health, safety and general welfare. A clean and attractive environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its inhabitants. This chapter shall also be subject to the provisions of Chapter 19, Environmental Regulations, of the Town of Mount Morris Town Code.
B.
It is the further intent of these provisions to ensure the optimum
overall conservation, protection, preservation, development and use
of natural and man-related resources of the Town through review and
approval of site plans.
A.
Uses requiring site plan approval. Prior to the issuance of a building
permit in any zoning district or a permit for a change in use or approval
of a special use, the Code Enforcement Officer shall require site
plan approval in accordance with the provisions of this article. All
new land use activities shall require site plan approval, including
new structures, new uses, expansions of existing structures, excavation
operations and legal conversions of existing buildings to other uses
except those specifically exempted below.
B.
Exempted uses. The following land use activities are exempted from
the requirements of this article:
(1)
Construction of a single one- or two-family dwelling on an approved
building lot, including residential subdivisions, meeting the dimensional
requirements of this chapter.
(2)
Permitted accessory structures to one- and two-family dwellings.
(3)
Exterior alterations or additions to one- and two-family dwellings.
(4)
Agricultural land uses, with the exception of roadside stands for
the sale of agricultural products from a permanent structure.
(5)
Incidental landscaping or grading.
C.
Existing uses and structures. This article does not apply to uses
and structures that are lawfully in existence as of the date this
article is adopted. Any use that would otherwise be subject to this
article, which has been discontinued for a period of one year or more,
shall be subject to review pursuant to the terms herein defined before
such use is resumed. Any use or structure shall be considered to be
in existence, provided that such use or structure has started construction
prior to the effective date of this article and is fully constructed
and completed within one year after the effective date of these regulations.
D.
Uncertain applicability. Any person uncertain of the applicability
of the provisions of this Subsection to a given land use activity
may apply in writing to the Code Enforcement Officer for a written
jurisdictional determination.
A.
Site plan review and approval process. Site plan review shall follow
a two-step approval process: preliminary site plan review and approval
and final site plan review and approval. For significant or complex
projects, there is an optional sketch plan step.
B.
Optional sketch plan submission.
(1)
A sketch plan conference may be held between the Planning Board and
the applicant prior to the preparation and submission of a formal
site plan. The intent of such conference is to enable the applicant
to inform the Planning Board of the proposal prior to preparation
of a detailed site plan and to provide the Planning Board with an
opportunity to review the basic site plan concept, to advise the applicant
as to potential problems and concerns and to generally determine the
information to be required on the site plan. At the sketch plan conference
the Planning Board will determine if the proposal is in conformity
to the adopted Town Master Plan and any other approved plans. To the
extent feasible, the Planning Board shall provide the applicant with
an indication of whether the proposal, in its major features, is acceptable
or should be modified before expenditures for more detailed planning
are made.
(2)
In order to accomplish these objectives, the applicant shall provide
the following at a date specified by the Town prior to the date when
the Planning Board will discuss the sketch plan:
(a)
A sketch showing the locations and dimensions of principal and
accessory structures, parking areas, signs, existing and proposed
vegetation and other existing or planned features; a narrative describing
anticipated changes to existing topography and natural features, including
state and federal wetlands; proposed water supply and sewage and waste
disposal facilities; provisions for stormwater drainage, recreation
and open space; and, where applicable, measures and features to comply
with flood hazard and flood insurance regulations.
(3)
The Planning Board, upon review of the sketch plan, with the concurrence
of the Town Engineer, may waive requirements for application materials
for developments for which, due to character, size, location or special
circumstances, such information is not required in order for the Planning
Board to properly perform site plan review.
C.
Application for site plan approval. To apply for site plan approval,
an applicant shall complete a site plan application form, which can
be obtained from the Town Clerk or the Code Enforcement Officer. The
application form shall be filed with the Town Clerk together with
the site plan application fee. The application fee shall be set by
the Town Board and may be modified on a yearly basis. The Town Clerk
shall, within five days, notify the Planning Board that such an application
has been filed and the date thereof.
D.
Procedures for preliminary site plan review.
(1)
Preliminary site plan review.
(a)
Prior to the submission of the preliminary site plan, the applicant
may meet in person with the Code Enforcement Officer or designated
representative to discuss the proposal and to make clear all Town
requirements and subsequent steps necessary in the site plan approval
process. The applicant will be informed of the optional sketch plan
conference with the Planning Board. The applicant shall submit to
the Code Enforcement Officer a copy of the preliminary site plan and
any related information at least 10 days prior to the Planning Board
meeting at which approval is requested. The Planning Board shall act
on this application within 45 days after the preliminary site plan
has been accepted by the Town, unless the deadline is extended by
mutual consent or unless the deadlines of the State Environmental
Quality Review (SEQR) Act[1] do not allow for this decision by the Planning Board because
of the SEQR review process.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
(b)
Within six months following the optional sketch plan conference,
a copy of the site plan and any related information shall be submitted
to the Code Enforcement Officer at least 10 days prior to the Planning
Board meeting at which approval is requested.
(c)
The Code Enforcement Officer shall certify on each site plan
or amendment whether or not the plan meets the requirements of all
regulations other than those of this chapter regarding site plan approval.
(d)
The Planning Board, upon completion of preliminary site plan
review, shall impose any conditions which the applicant must meet
prior to receiving preliminary site plan approval.
(e)
In the case of a proposed development which is phased over a
number of years, the applicant shall submit an overall plan for the
total development of the project and a phasing plan for each phase
of the development. If the overall plan for this project is approved
and the first phase of the project is approved, then the first phase
of the project continues on to final site plan review and approval.
If there is no substantial change in the overall plan or the phasing
plan of the project, each succeeding phase of the development need
only be reviewed for final site plan approval. If there are substantial
changes to the overall plan or the phasing plan, the Planning Board
shall require subsequent phases to go through preliminary site plan
review and approval.
(f)
Any resubmission of a previously approved preliminary site plan
shall be required to go through the same procedures as the original
preliminary site plan application.
(2)
Content of the preliminary site plan. The applicant shall have a
current site plan map and report prepared by a civil engineer or surveyor
licensed to practice in the State of New York, in sufficient detail
to permit an adequate review by an architect, civil engineer, surveyor,
land planner or other competent person. The site plan shall be drawn
at a scale of 100 feet to one inch or larger. The preliminary site
plan shall include the following information:
(a)
Legal data:
[1]
The name and address of the owner of record.
[2]
The name and address of the person, firm or organization preparing
the map.
[3]
The date, North point and written and graphic scale.
[4]
Sufficient description or information to define precisely the
boundaries of the property. All distances shall be in feet and tenths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.
[5]
The locations, names and existing widths of adjacent streets
and curblines.
[6]
The locations and owners of all adjoining lands, as shown on
the latest tax records and Tax Map identification numbers.
[7]
The location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public use
within or adjacent to the property.
[8]
A complete outline of existing deed restrictions or covenants
applying to the property.
[9]
Existing zoning within 500 feet of the site's perimeter.
[10]
Tape location map and the distance to nearest public street
right-of-way intersection.
(b)
Natural features:
[1]
Existing contours with intervals of five feet or less, referred
to a datum satisfactory to the Board.
[2]
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
[3]
The location of existing watercourses, New York State and federal
wetlands, wooded areas, rock outcrops, isolated trees with a diameter
of eight inches or more measured three feet above the base of the
trunk and other significant existing features.
(c)
Existing structures and utilities and other features:
[1]
The location of uses and outlines of all existing structures,
drawn to scale, on and within 20 feet of the lot line.
[2]
Paved areas, sidewalks and vehicular access between the site
and public streets.
[3]
Traffic flow patterns within the site, entrances and exits,
loading and unloading areas, curb cuts on the site and within 100
feet of the site. The Planning Board may, at its discretion, require
a detailed traffic study for large developments or for those in heavy
traffic areas to include:
[a]
The projected number of motor vehicle trips to enter or leave
the site, estimated for daily and peak hour traffic intervals.
[b]
The projected traffic flow pattern, including vehicular movements
at all major intersections likely to be affected by the proposed use
of the site.
[c]
The impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities. Existing and
proposed daily and peak hour traffic levels as well as road capacity
levels shall also be given.
[4]
Locations, dimensions, grades and flow direction of existing
sewers, drainage ditches, culverts and water lines, as well as other
underground and aboveground utilities within and adjacent to the property.
[5]
Other existing development, including fences, retaining walls,
landscaping and screening.
[6]
Historic or archaeological resources on or adjacent to the site.
(d)
Proposed development:
[1]
The location, type of construction and exterior dimensions of
proposed buildings or structural improvements. Note: Elevations and/or
sections illustrating front, rear and side profiles drawn to the same
or larger scale as the site development plan may be required by the
Planning Board. The elevations and/or sections shall clearly delineate
the bulk and height of all buildings and other permanent structures
included in the proposal.
[2]
The location and design of all uses not requiring structures,
such as off-street parking and loading areas.
[3]
The location, direction, power and time of use for any proposed
outdoor lighting.
[4]
The location, size and design for all proposed permanent outdoor
signs.
[5]
The location and arrangement of proposed means of access and
egress, including sidewalks and other pedestrian access, driveways,
fire lanes and other emergency zones or other paved areas. Profiles
indicating grading and cross sections showing width of roadway, location
and width of sidewalks and location and size of water and sewer lines.
For commercial and industrial structures, identify the amount of gross
floor area proposed for retail sales, services, offices and other
uses.
[6]
Any proposed screening and other landscaping, including types
and locations of proposed street trees, as well as a planting schedule.
[7]
The description of the water supply system, location of well(s)
and/or all proposed water lines, valves and hydrants and of all sewer
lines and alternate means of water supply and sewage disposal and
treatment.
[8]
An outline of any proposed easements, deed restrictions or covenants.
[9]
Any contemplated public improvements on or adjoining the property.
[10]
Any proposed new grades, indicating clearly how such grades
will meet existing grades of adjacent properties on the street.
[11]
A drainage plan showing existing and proposed watercourses,
proposed detention/retention facilities and calculations of the impact
to existing drainage created by the proposed development. Note: Contour
intervals of one or two feet may be appropriate for grading and drainage
plans.
[12]
Location of outdoor storage and waste receptacles and proposed
screening for such.
[13]
Location and construction materials of all existing or proposed
site improvements, including drains, culverts, retaining walls and
fences.
[14]
Location, design and construction materials of all energy generation
and distribution facilities, including electrical, gas and solar energy.
[15]
If the site plan indicates only a first stage, a supplementary
plan shall indicate ultimate development.
[16]
The percentage of open space provided, the location and development
of all proposed buffer areas, including indication of proposed vegetative
cover.
[17]
Any setbacks or other dimensional information required by this
chapter.
[18]
Record of applications and approval status of all necessary
permits from federal, state, county and local agencies.
[19]
Estimated project construction schedule.
[20]
Estimate of the total cost of proposed site improvements which
shall be confirmed by the Code Enforcement Officer or Town Engineer.
(e)
Any other information required by the most current checklist
prepared by the Town staff in order to conduct their review.
(f)
Any other information deemed by the Planning Board to be necessary
to determine conformity of the site plan with the spirit and intent
of this chapter.
(3)
Acceptance of site plan application. The Planning Board shall, within
45 days of a preliminary site plan application being filed, determine
whether to accept the application as complete and begin the review
process or to reject the application as incomplete. Incomplete applications
shall be returned to the applicant, without prejudice, with a letter
stating the application's deficiencies.
(4)
Segmentation. The site plan application and associated maps shall
include all proposed phases of development. Site plan approval shall
be based on the total planned project in order to facilitate the assessment
of all potential development impacts. The Planning Board shall consider
applications incomplete where there is reason to believe the application
applies to only a segment of the total planned development. In such
situations, the Planning Board shall return such application to the
applicant together with a letter stating the basis for its determination.
(5)
Referral to other agencies and boards, and to neighboring municipalities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Coordinated review. The Planning Board may refer the site plan
for review and comment to local and county officials or their designated
consultants and to representatives of federal, state and county agencies,
including but not limited to the Natural Resources Conservation Service,
the New York State Department of Transportation, the State Department
of Environmental Conservation and the State or County Department of
Health, whichever has jurisdiction.
(b)
Required referral. Prior to taking final action on the site
plan, and where applicable, the Planning Board shall refer the plan
to the Livingston County Planning Board for its review and approval,
pursuant to § 239-m of the General Municipal Law.
(c)
Where
applicable, notice shall be given to adjacent municipalities in accordance
with General Municipal Law § 239-nn.
(6)
SEQR compliance. The applicant shall demonstrate compliance for any
actions subject to SEQR prior to site plan approval.
(7)
Public hearing on site plan. The Planning Board may conduct a public
hearing on the site plan if considered desirable by a majority of
its members. Such hearing shall be held within 30 days of the Planning
Board's acceptance of the site plan application and shall be advertised
in the Town's official newspaper at least five and not more than 30
days before the hearing.
(8)
Factors for consideration during preliminary site plan review. The
Planning Board review of a site plan shall include but is not limited
to the following considerations:
(a)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures and
traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrians from vehicular traffic, sidewalks,
linkages, control of intersections with vehicular traffic and pedestrian
convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street
parking and loading areas.
(d)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(e)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between the proposed
use and adjoining uses or properties.
(f)
In the case of an apartment complex or multiple dwellings, the
adequacy of usable open space for playgrounds and informal recreation.
(g)
Adequacy of stormwater management and sanitary waste disposal
facilities.
(h)
Protection of adjacent properties from noise, glare, unsightliness
or other objectionable features.
(i)
Adequacy of water supply facilities.
(j)
Overall impact on the neighborhood, including compatibility
of design and effect on the environment.
(k)
Conformance with the Town Master Plan and other plans which
the Town uses as a guide for appropriate development.
(9)
Standards for review and design. The Planning Board, in reviewing
site plans, shall consider the standards set forth below:
(a)
All buildings in the plan shall be integrated with each other
and with adjacent buildings and shall have convenient access to and
from adjacent uses.
(b)
Individual buildings shall be related to each other and to structures
in the surrounding area in architecture, design mass, materials, placement
and connections to harmonize visually and physically.
(c)
Treatment of the sides and rear of all buildings, where appropriate,
shall be comparable in amenity and appearance to the treatment given
to street frontages of these same buildings.
(d)
The design of buildings and the parking facilities shall take
advantage of the natural topography of the project site where appropriate.
(e)
All buildings shall be arranged to avoid undue exposure to concentrated
loading or parking facilities wherever possible and shall be oriented
to preserve visual and auditory privacy between adjacent buildings.
(f)
All buildings shall be accessible to emergency vehicles.
(g)
Landscaping shall be an integral part of the entire project
area and shall buffer the site from and/or integrate the site with
the surrounding area, as appropriate.
(h)
Primary landscape treatment shall consist of shrubs, ground
cover and shade trees and shall combine with appropriate walks and
street surfaces to provide an attractive development pattern. Landscape
materials selected should be appropriate to the growing conditions
of the Town's environment.
(i)
Whenever appropriate, existing trees shall be conserved and
integrated into the landscape design plan.
(j)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space.
(k)
Roads, pedestrian walks and open space shall be designed as
integral parts of an overall site design, be properly related to existing
and proposed buildings and be appropriately landscaped.
(l)
Buildings and vehicular circulation areas shall be arranged
so that pedestrians moving between buildings are not unnecessarily
exposed to vehicular traffic.
(m)
Landscaped, paved or other suitable material and comfortably
graded pedestrian walks shall be provided along the lines of the most
intense use, particularly from building entrances to streets, parking
areas and adjacent buildings.
(n)
Materials and design of paving, light fixtures, retaining walls,
fences, curbs, benches, etc., shall be of good appearance, easily
maintained and indicative of their function.
(o)
The light level at the lot line shall not exceed 0.2 footcandles,
measured at ground level. To achieve this, luminaries shall be shielded
to prevent light from shining beyond the lot lines onto neighboring
properties or public ways. Where residential uses adjoin commercial
uses, light standards shall be restricted to a maximum of 20 feet
in height. In addition, all lighting (except for security purposes)
shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will
be granted for those businesses which are operating during these hours.
(p)
Parking facilities shall be landscaped and screened from public
view to the extent necessary to eliminate unsightliness and monotony
of parked cars.
(q)
Parking facilities shall be designed with regard for orderly
management, topography, landscaping and ease of access and shall be
developed as an integral part of an overall site design.
(r)
Any above-grade loading facility shall be screened from public
view to the extent necessary to eliminate unsightliness.
(s)
Off-street parking and loading requirements required in this
chapter shall be satisfied.
(t)
Drainage of the site and surface waters flowing therefrom shall
not adversely affect adjacent properties or public roadways.
(10)
Planning Board action on preliminary site plan.
(a)
Within 60 days of the Planning Board's receipt of a complete
application for preliminary site plan approval, the Planning Board
shall act on it. If no decision is made within said sixty-day period,
the preliminary site plan shall be considered approved and the applicant
so notified. The Planning Board's action shall be in the form of a
written statement to the applicant stating whether or not the preliminary
site plan is approved, disapproved, approved with modifications or
approved by default when not reaching a timely decision.
(b)
The Planning Board's statement may include recommendations of
modifications to be incorporated in the final site plan, and conformance
with said modifications shall be considered a condition of approval.
If the preliminary site plan is disapproved, the Planning Board's
statement shall contain the reasons for such findings. In such a case,
the Planning Board may recommend further study of the site plan and
resubmission to the Planning Board after it has been revised or redesigned.
E.
Final site plan review and approval.
(1)
Final application. After receiving approval from the Planning Board
on a preliminary site plan and approval for all necessary permits
and curb cuts from state and county officials, the applicant may prepare
the final site plan and apply to the Secretary of the Planning Board,
who shall refer the application, when complete in all respects, to
the Planning Board for its review and approval. If more than a year
has elapsed since the Planning Board issued its preliminary approval
and if conditions have substantially changed, the Planning Board may
require resubmission of the preliminary site plan for possible revision
prior to accepting the proposed final plan for review.
(2)
Procedure for final site plan approval.
(a)
Within 30 days of the receipt of the final site plan from the
Secretary of the Planning Board, the Planning Board shall render a
decision on the final site plan. The time period in which the Planning
Board must render its decision on the site plan may be extended by
mutual consent of the applicant and the Planning Board. Failure of
the Planning Board to act within the time period specified or agreed
upon between the applicant and Board shall constitute Planning Board
approval of the site plan as submitted or last amended.
(b)
Approval. Upon approval, the Planning Board shall endorse its
approval on a copy of the final site plan and shall immediately file
a copy of the final site plan in the Town Clerk's office. A copy of
the final plan shall be forwarded to the Code Enforcement Officer,
who shall then issue a building permit, if the project conforms to
all other applicable requirements. A copy of the written statement
of approval shall be mailed to the applicant by certified mail. The
written statement shall contain a list of modifications or conditions
if required by the Planning Board.
(c)
Disapproval. Upon disapproval of the site plan, the decision
of the Planning Board shall immediately be filed with the Town Clerk
and a copy thereof mailed to the applicant by certified mail along
with a letter stating the reason's for disapproval.
(3)
Content of the final site plan. The final site plan shall include
the site plan construction sheet and a drainage report. Site plan
construction sheet shall include:
(a)
All the information required for preliminary site plans.
(b)
The lines of existing and proposed streets and sidewalks immediately
adjoining and within the site, including geometric layout of proposed
streets.
(c)
The names of existing and proposed streets.
(d)
Typical cross sections of proposed streets.
(e)
Profiles of proposed streets at suitable vertical scale showing
finished grades in relation to existing ground elevation.
(f)
The layout of proposed buildings, parking areas and any other
proposed structures or uses.
(g)
The location, size and profile of any existing and proposed
sewers (stormwater or sanitary), manholes, drain inlets, catch basins,
water mains and pipes on the property or into which any connection
is proposed.
(h)
Provisions for water supply and sewage disposal and evidence
that such provisions have received approval from the Livingston County
Department of Health.
(i)
Location of survey monuments. Before acceptance of the dedication
of the highways or streets, a certificate by a licensed land surveyor
must be filed certifying that the above monuments have been place
where indicated on the map.
(j)
Plans and typical cross sections of proposed sidewalks or other
pedestrian linkages, if applicable.
(k)
Development plan, including landscaping, for any proposed park
or playground within the site.
(l)
Specifications or references to Town standards for all facilities
to be constructed or installed.
(m)
Certification by a licensed professional engineer, licensed
landscape architect and a licensed land surveyor as evidence of professional
responsibility for the preparation of the construction sheet.
(n)
The boundaries of the site and information to show the location
of the site in relation to surrounding property and streets, including
names and tax account numbers for adjacent sites. In whatever manner
is practical, the site boundary shall be referenced from two directions
to establish United States Coast and Geodetic Survey monuments or
New York State Plan coordinate monuments. In the event that such monuments
have been obliterated, the site boundary shall be referenced to the
nearest highway intersections or previously established monuments.
Any combination of types of reference points may be accepted which
would fulfill the requirement of exact measurements from the boundary
to reference points previously established for or by a public agency.
(o)
The lines and purposes of existing and proposed easements immediately
adjoining and within the site.
(p)
The lines, dimensions and areas in square feet of all property
that is proposed to be reserved by deed of the site.
(q)
A legal description of all areas to be dedicated to the Town.
(4)
A final site plan, following approval by the Planning Board, shall
be valid for a period of one year from the date of such approval.
Upon application, the Planning Board shall have the right to extend
any approval for any additional year. If the application for extension
is not approved, the Planning Board shall give reasons why this extension
was not granted.
A.
General. Subsequent to the granting of site plan approval, no certificate
of occupancy shall be issued until all improvements shown on the site
plan are installed or a sufficient performance guaranty has been provided
by the applicant for improvements not yet completed.
B.
Performance guaranty options. In order that the Town has the assurance
that the construction and installation of such improvements as storm
sewers, water supply, sewage disposal, sidewalks, parking and access
roads will be constructed in accordance with Town standards and/or
any site plan approval modifications, the Planning Board may require
that the applicant enter into one of the following agreements with
the Town:
C.
Conditions.
(1)
The performance guaranty shall be to the Town and shall provide that
the applicant, his/her heirs, successors, assigns or his/her agent
will comply with all applicable terms, conditions, provisions and
requirements of this chapter; and will faithfully perform and complete
the work of constructing and installing such facilities or improvements
in accordance with the approved site plan.
(2)
Any such bond shall require the approval of the Town Board in consultation
with the Town Attorney as to form, sufficiency, manner of execution
and surety.
(3)
Certified checks shall be made payable to "the Town of Mount Morris"
and will be placed in an escrow account established by the Town for
this purpose.
(4)
Letters of credit shall require the approval of the Town Board in
consultation with the Town Attorney as to form, sufficiency and manner
of execution and shall be duly notarized.
D.
Extension of time. The construction or installation of any improvements
or facilities, other than roads, for which a guaranty has been made
by the applicant in the form of a bond or certified check deposit
shall be completed within one year from the date of approval of the
site plan. Road improvements shall be completed within two years from
the date of approval of the site plan. The applicant may request that
the Planning Board grant he or she an extension of time to complete
such improvements, provided that the applicant can show reasonable
cause for inability to complete said improvements within the required
time. The extension shall not exceed six months, at the end of which
time the Town may use as much of the bond or check deposit to construct
the improvements as necessary. The Planning Board may also grant the
applicant an extension of time whenever construction of improvements
is not performed in accordance with applicable standards and specifications.
E.
Schedule of improvements. When a certified check or performance bond
is issued pursuant to the preceding sections, the Town and applicant
shall enter into a written agreement itemizing the schedule of improvements
in sequence with the cost opposite each phase of construction or installation,
provided that each cost as listed may be repaid to the applicant upon
completion and approval after inspection of such improvement or installation.
However, 10% of the check deposit or performance bond shall not be
repaid to the applicant until one year following the completion and
inspection by the Town of all construction and installation covered
by the check deposit or performance bond.
F.
Inspections. Inspections during the installation of improvements
shall be made by the Code Enforcement Officer to ensure conformity
with the approved plans and specifications as contained in the contract
and this article. The applicant shall notify the Code Enforcement
Officer when each phase of improvements is ready for inspection. Upon
acceptance final completion of installation and improvement, the Planning
Board shall issue a letter to the applicant or his/her representative
that provides sufficient evidence for the release by the Town of the
portion of the performance bond or certified deposit as designated
in the contract to cover the cost of such completed work.
G.
Phased development. The Planning Board may further request, subject
to Town Board approval, that the applicant deposit a separate performance
bond or certified check for each phase of development proposed. In
this event, 5% of the check deposit or performance bond shall be withheld
from the applicant until 60 days following the completion, inspection
and acceptance by the Town of all construction and installation covered
by such deposit. No subsequent phase of development shall be undertaken
until each earlier phase has been completed and approved by the Code
Enforcement Officer.
H.
Engineer's fees. Costs incurred by the Planning Board for consultation
fees or other extraordinary expenses in connection with review of
a proposed site plan shall be charged to the applicant.
