[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.
[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.
C. Upon referral as provided in Subsection
B(1), the Technical Advisory Committee, in consultation with the Town Attorney, may require reasonable remediation for any variation to an approved site plan made without authorization.
[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.