[1]
Editor's Note: This local law also stated
that, to the extent that it departs therefrom, it supersedes Town
Law § 277, Subdivision 9.
A.
All public improvements and utilities will be inspected
by the Town Engineer, Town Inspector retained for such purpose or
Superintendent of Highways to ensure satisfactory completion.
B.
In no case shall any public improvement be constructed
without permission from the Town Engineer, Town Inspector or Superintendent
of Highways. At least three days' notice shall be given to the Town
Engineer, Town Inspector or Superintendent of Highways prior to any
such construction, so that a representative of the Town may be present
at the time the work is to be done.
C.
The Town Engineer, Town Inspector or Superintendent
of Highways shall be notified after each public improvement identified
in the resolution of approval and/or public improvement security agreement
has been completed, so that he or his representative may inspect the
work.
D.
Whenever work on any public improvement appears, in
the opinion of the Town Engineer, Town Inspector or Superintendent
of Highways, to be in need of alteration in order to properly protect
the public safety, health or welfare, then the Town Engineer, Town
Inspector or Superintendent of Highways shall have the authority to
modify the approved plans, by way of authorizing a field change, so
as to properly protect the public safety, health or welfare.
E.
Whenever the Town Engineer, Town Inspector or Superintendent
of Highways determines that any change any of them deems necessary
to properly protect the public safety, health or welfare is of such
magnitude, or so different from the approved plan in terms of concept
or design, he or she may seek the advice and guidance of the Planning
Board as to how to implement such a change.
A final inspection of all public improvements
and utilities will be made to determine whether the work is satisfactory
and in substantial agreement with the approved final plat drawings
and the Town specifications. If any field changes have been authorized
and/or deemed necessary by the Town Engineer, a certified as-built
plan must be submitted for review and approval as well. 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.
[Amended 6-18-2018 by L.L. No. 7-2018]
A.
Any applicant who has received subdivision approval shall, prior
to signing of the plat, deliver to the Town a certified or cashier's
check payable to the order of the Town for the inspection fees in
an amount estimated by the Town Engineer in order to cover the expense
of the Town inspecting the various improvements proposed. Inspection
fees are not held in escrow or otherwise considered as deposits with
the Town. In the event that improvements are not constructed and no
inspections are conducted, an applicant may submit a request, in writing,
to the Town Board for a refund, which will not be unreasonably denied.
B.
The inspection fees so deposited may be modified annually as determined
by the resolution of the Town Board.