[Amended 11-14-2006 by L.L. No. 15-2006; 12-15-2016 by L.L. No. 13-2016;12-13-2018 by L.L. No.
9-2018]
A.
The Department of Engineering and Facilities Management
shall conduct inspections of all improvements within the boundaries
of the site and off the site. Such improvements shall include but
not be limited to storm drainage; roads, including curbs, sidewalks
and driveways; sanitary sewers; parking areas; open space; recreation;
and landscaping.
B.
Inspections. The applicant shall pay to the Town Department
of Engineering and Facilities Management an inspection fee of 5% of
the amount of the estimated cost of required improvements.
(1)
Inspections shall be scheduled by the applicant through
the office of the Department of Engineering and Facilities Management
during regular business hours. Regular business hours of the Department
of Engineering and Facilities Management shall be Monday through Friday
between the hours of 8:00 a.m. and 4:00 p.m. on days other than those
determined by the Town to be holidays.
(2)
Inspections performed by the Department of Engineering and Facilities Management during regular business hours shall be paid in accordance with § 246-15B.
(3)
At the prior written request of the applicant and at the sole discretion of the Department of Engineering and Facilities Management, inspections may be performed by the Department of Engineering and Facilities Management on days and times other than regular business hours. The cost for inspections performed on days and times other than regular business hours (the "additional hourly cost") shall be levied against the applicant in addition to the five-percent inspection fee provided in § 246-15B and shall be based on the blended hourly rate of all Environmental Inspector III's employed by the Town, including benefits. All inspection fees shall be paid prior to the applicant submitting its certificate of completion to the Town Attorney for review as defined elsewhere in this chapter.
(4)
The additional hourly cost to the applicant for inspections
performed by the Department of Engineering and Facilities Management
shall be calculated each year by the Comptroller's Office in coordination
with the Department of Engineering and Facilities Management.
(5)
Unpaid inspection fees shall become a lien on the
applicant's property and assessed as such by the Town Assessor's Office.
[Added 7-22-2008 by L.L. No. 6-2008;
amended 12-13-2018 by L.L. No.
9-2018]
In the event a required improvement such as retention or detention pond requires routine scheduled inspections, the applicant shall, as a condition of final site plan approval, provide a letter of credit or other form of approved security in an amount equal to 10 years' required inspection to secure the performance of such inspections. The applicant shall also execute a right-of-entry agreement and a hold harmless agreement to be held by the Town in the event the Town requires access to the property to perform the necessary inspections. The Town Board, based upon a joint recommendation from the Planning Board and the Department of Engineering and Facilities Management, shall, from time to time by resolution, adopt a schedule of fees for inspection of retention/detention ponds. The applicant or its successors shall continue to be responsible for all required maintenance of such improvements, in accordance with the provisions of §§ 249A-28 and 249A-29 of the Town Code.
A.
Approval of construction plan changes; limitations.
(1)
The Department of Engineering and Facilities Management is authorized to approve construction plan changes, subject to the limitations in Subsection A(2).
[Amended 12-13-2018 by L.L. No. 9-2018]
(2)
Changes of location of buildings, roads, driveways,
drainage or other facilities shall be limited so as to not conflict
with the conditions and requirements of the final map, zoning regulations
and this chapter.
B.
The Building Inspector is authorized to approve changes as mentioned and restricted in Subsection A(2) above, provided that such changes:
(1)
Are necessary to secure compliance with existing ordinances;
(2)
Are approved and carried out, when related to nonstructural
elements of the site, to the satisfaction of the Department of Engineering
and Facilities Management; and
[Amended 12-13-2018 by L.L. No. 9-2018]
(3)
Do not increase the size or floor area of a building
or structure as approved by the Board or decrease lot size or setback
specifications as approved by the Board.
C.
The Shade Tree Commission is authorized to approve
changes in landscaping if agreed to by the applicant, and provided
that the approval of the Board is obtained.
[Added 8-8-2000 by L.L. No. 9-2000]
A.
The applicant shall make a written request to the
Director of the Department of Engineering and Facilities Management
for any design change in variance with an approved site plan or its
grading plan.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.
Design change requests shall be reviewed only by an
engineer or licensed professional engineer in the Clarkstown Department
of Engineering and Facilities Management, who shall either:
[Amended 12-13-2018 by L.L. No. 9-2018]
(1)
Refer the request to the Technical Advisory
Committee of the Clarkstown Planning Board, who may authorize the
design change, and report said change to the Planning Board at the
next meeting (the report shall be made part of the formal record on
file in the Planning Department); or
(2)
Refer the request to the Clarkstown Planning
Board for review and approval, disapproval or approval with revision.
[Added 8-8-2000 by L.L. No. 9-2000;
amended 12-13-2018 by L.L. No.
9-2018]
A.
Field changes may be approved only by an engineer
or licensed professional engineer in the Clarkstown Department of Engineering
and Facilities Management, or same may be referred to the Planning
Board for additional review. Field changes which are approved in the
Department of Engineering and Facilities Management shall be reported
in writing to the Planning Board at its next meeting. The report shall
describe the changes and the justification for making same and shall
be made part of the formal record on file in the Planning Department.
B.
Unauthorized field changes shall be subject to order
of remediation as determined to be necessary by the Director of the
Department of Engineering and Facilities Management or by resolution
of the Planning Board, upon the concurrence of the Town Attorney.
A.
Improvements subject to approval by the Department
of Engineering and Facilities Management. Before buildings or facilities
may be occupied or a certificate of occupancy issued, all improvements
subject to inspection by the Department of Engineering and Facilities
Management shall have been completed or a performance agreement with
adequate security shall be provided in an amount adequate to insure
completion of all improvements, as determined by the Director of the
Department of Engineering and Facilities Management. Evidence of such
completion shall be a statement of approval by the Department of Engineering
and Facilities Management. The performance agreement shall be in a
form approved by the Town Attorney.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.
Improvements subject to approval by the Building Inspector.
Before buildings or facilities may be occupied or a certificate of
occupancy issued, all improvements subject to inspection by the Building
Inspector shall have been completed to the satisfaction of the Building
Inspector.
A.
The Planning Board shall determine which of the following
design criteria shall be applicable:
B.
The Board may allow the use of overhang areas at parking
spaces. The Board may require adjustments to landscape, buffer or
other areas to compensate for overhang areas.
C.
All parking spaces shall be outlined on the pavement
with reflectorized paint equal to specifications for reflectorized
paint used by the Town of Clarkstown. Lines shall be no less than
four inches nor more than six inches in width, shall run the full
length of the space and shall be maintained.
D.
The site plan shall require by appropriate note the
required parking design to be installed and periodically renewed as
required.
