Plans, including profiles and construction details
of the proposed highways, shall be prepared by a qualified professional
engineer or land surveyor properly licensed by the State of New York.
The plans shall clearly define the limits of the proposed right-of-way
and shall include the location, widths, profiles and grades of proposed
roadways, typical road sections, storm drainage, including culverts
and other drainage structures, and the location of easements and utilities.
Plans shall first be submitted to the Town Superintendent of Highways
and Town Engineer. When any proposed highway drains toward or may
otherwise effect a county or state highway, plans shall be submitted
to County Commissioner of Public Works or New York State Department
of Transportation for their review and comments and to the Town Planning
Board for review and approval under the applicable subdivision regulations
of the Town.[1] Such plans so submitted shall not be altered, modified
or amended after having been approved by the Planning Board unless
revised plans are resubmitted and approved by all proper authorities.
However, the developer shall, at his own expense, provide additional
storm drainage facilities as may be ordered by the Town Superintendent
of Highways if, during the progress of the work, in the opinion of
the Town Superintendent of Highways, the Town Engineer and/or Commissioner
of Public Works, such additional structures or facilities are necessary
to assure the durability of pavement, the future maintenance of right-of-way
and the welfare and safety of the public. If construction has not
been started within one year from the date of final approval by the
Town Planning Board, plans shall be resubmitted and approved as above.
A.
Performance bond.
(1)
Prior to the start of construction of any approved
highway, the developer shall deposit with the Town Clerk a performance
bond of acceptable surety or shall deposit with the chief fiscal officer
of the Town acceptable negotiable government bonds, cash or a certified
check drawn upon a national or state bank, payable at sight to the
Town Board, or an acceptable irrevocable letter of credit guaranteeing
that:
(a)
Within two years, the developer will complete
the construction of all required improvements within the right-of-way
in accordance with the approved plans and these specifications; and
(b)
Upon certification by a professional engineer,
designated by the Town Superintendent of Highways, in addition to
certification by the Town Superintendent of Highways that the construction
of the highway has been completed in accordance with the approved
plans and specifications, the developer will dedicate the completed
highway to the Town for use as a public highway free and clear of
all liens and encumbrances. This guaranty of dedication shall apply
to the owner of the property as well as the developer, where the two
are not synonymous.
(2)
As guaranty for the performance of the above requirements,
the developer shall deposit as heretofore set forth a surety bond,
negotiable government bonds, cash, a certified check or irrevocable
letter of credit in the amount of 100% of the total construction cost.
This amount shall be determined by the Town Superintendent of Highways.
B.
Insurance.
(1)
Prior to the beginning of construction and through
the duration of the maintenance bond, the developer shall file with
the Town Clerk certificates of insurance with not less than $500,000
combined single-limit coverage with endorsements for explosion, collapse
and underground or other special specifications as required by the
Town, naming as the insured the Town Board, the Town Planning Board
and the Town Superintendent of Highways.
(2)
The purpose of this requirement for insurance is to
protect and defend the Town against any claims which may arise because
of the operations of the developer or of possible defects in work
performed by him. Subsequent to the acceptance of the dedication of
the street and after receipt of the maintenance bond and evidence
of insurance by the Town, the Town Board shall release the performance
bond.
(3)
In addition, the developer will enter into a hold-harmless
agreement absolving the Town, Town officials and Town employees of
any liability until the road is dedicated and the maintenance bond
is released.
C.
Maintenance bond.
(1)
Prior to acceptance by the Town of the dedication of the street as guaranteed by Subsection A above, the developer shall deposit with the Town Clerk a maintenance bond of acceptable surety or shall deposit with the chief fiscal officer of the Town acceptable negotiable government bonds, cash, a certified check drawn upon a national or state bank payable at sight to the Town Board or an irrevocable letter of credit guaranteeing that for a period of one year from the date of acceptance of the dedication of the street by the Town, the developer will maintain the street to the standard of construction set by these specifications, normal wear and tear excepted. This shall be interpreted to mean that the developer will, at his own expense, repair and make good any defects or damage which may develop during this maintenance period as a result of faulty construction within the right-of-way or as a result of other construction by the developer off the right-of-way. During the maintenance period, the Town shall be responsible for snow and ice control, street cleaning, cleaning of culverts and catch basins and other work of a similar routine nature, provided that such work has in no way been caused by the developer's operations.
(2)
The amount of the maintenance bond shall be at least
equal to 20% of the performance bond.
(3)
The Town Board may, in its discretion, waive the maintenance
bond requirement if the following conditions have been satisfied:
(b)
The total road construction, including all drainage,
has been completed and in use for a period of at least nine months
after the Town Superintendent of Highways has inspected the same and
has submitted a written report to the Town Board stating that all
work has been satisfactorily completed.
(c)
The Town Superintendent of Highways shall reinspect
all road construction work at the proposed time of dedication and
submit a second report, in writing, to the Town Board specifying that
all work remains in a satisfactory condition and is acceptable for
dedication. All items found not to be in an acceptable condition must
be immediately repaired and/or replaced to the satisfaction of the
Town Superintendent of Highways.
(d)
The performance bond shall remain in full effect
until the date of actual acceptance by the Town Board.
D.
Inspection; escrow account.
[Amended 2-11-1991 by L.L. No. 2-1991; 4-3-2002 by L.L. No. 1-2002]
(1)
Deposit into escrow account; use of funds.
(a)
Prior to the commencement of any work in a development
with a road that has site plan approval, the developer shall deposit
into an escrow account a sum of money to be determined by the Town
Board. Said sum shall be based on the estimated cost to the Town of
professional review of the proposed road construction work. The Town
Board may consider the Town's survey of professional review expenses
in determining the initial sum of money to be deposited in an escrow
account by a developer.
(b)
Use of funds.
[1]
Said sum of money shall be used to cover the
reasonable and necessary costs of professional review of the road
construction work. Costs may include consultant fees for engineering,
legal, and other professional and technical services required for
a proper and thorough inspection of the road construction.
[2]
The review expenses provided for herein are
in addition to application or administrative fees required pursuant
to other sections of the Dover Town Code. Monies deposited by applicants
pursuant to this section shall not be used to offset the Town's general
expenses of professional services for the several boards of the Town
or its general administrative expenses.
[3]
Fees charged strictly as a result of a SEQR
review shall in no event exceed the maximum amounts that can be charged
pursuant to the SEQR regulations by the lead agency.
(2)
Upon receipt of monies requested for an escrow account,
the Town Supervisor shall cause such monies to be placed in a separate
non-interest-bearing account in the name of the Town and shall keep
a separate record of all such monies deposited and the name of the
applicant and project for which such sums were deposited.
(3)
Upon receipt and approval by the Town Board of itemized
vouchers from consultants for services rendered on behalf of the Town
regarding a particular road construction project, the Town Supervisor
shall cause such vouchers to be paid out of the monies so deposited,
and shall debit the separate record of such account accordingly. The
consultant shall make copies of such vouchers available to the applicant
at the same time the vouchers are submitted to the Town.
(4)
Review of vouchers; payment.
(a)
The Town Board shall review and audit all such
vouchers and shall approve payment of only such consultant charges
as are reasonable in amount and necessarily incurred by the Town in
connection with the review and consideration of applications. A charge
or part thereof is reasonable in amount if it bears a reasonable relationship
to the average charge by consultants to the Town for services performed
in connection with the review of a similar application. In auditing
the vouchers, the Town Board may take into consideration the size,
type and number of buildings to be constructed, the topography of
the site at issue, environmental conditions at such site, the infrastructure
proposed in the application and any special conditions the Town Board
may deem relevant. A charge or part thereof is necessarily incurred
if it was charged by the consultant for a service which was rendered
in order to protect or promote the health, safety or other vital interests
of the residents of the Town, and protect public or private property
from damage.
(b)
In no event shall a developer make direct payment
to any Town consultant.
(5)
If at any time during the processing of an application
there shall be insufficient monies on hand to the credit of a developer
to pay the approved vouchers in full, or if it shall reasonably appear
to the Town Supervisor that such monies will be insufficient to meet
vouchers yet to be submitted, the Town Supervisor shall cause the
developer to deposit additional sums as the Supervisor deems necessary
or advisable in order to meet such expenses or anticipated expenses.
(6)
In the event the developer fails to deposit the requested
review fees into an escrow account, any application review, approval,
permit, certificates of occupancy or inspections may be withheld by
the Town Board, officer or employee of the Town until such monies
are deposited.
(7)
Upon completion of the professional review of the
road construction or upon the abandonment of the project by the developer
and after all fees already incurred by the Town have been paid and
deducted from the escrow account, any balance remaining in the escrow
account shall be refunded within sixty days after the applicant's
request.
(8)
Nothing in this escrow procedure shall be considered
a waiver of the Town Board's discretion to refuse dedication of a
proposed highway even if such proposal meets the highway standards
of the Town.
A.
The developer shall afford the Town Superintendent
of Highways the opportunity to inspect the work in order that he,
the Superintendent, may assure himself that these minimum specifications
are being complied with.
B.
Such inspections shall occur at the following listed
places in order of construction, and the developer shall give the
Superintendent at least two days' notice of such expected completions
and shall not proceed to the next order of work until the Superintendent
has approved the work inspected.
(1)
Upon completion of the subgrade.
(2)
Upon completion of the subbase course, at which time
the developer shall furnish the Superintendent with men and equipment
to dig or have dug test holes to establish and confirm the depth and
quality of the subbase course.
(3)
Prior to beginning of all paving operations.
C.
The Superintendent or his representatives shall be
given access to the work at all times in order that he may inspect
the work as it progresses.
It is expected and it is understood that as
part of the conditions of approval of the subdivision, the developer
shall agree to maintain the roads giving access to the houses in such
condition that the residents shall have safe, convenient access. The
minimum conditions for such access are listed below:
A.
Paved surface.
(1)
The edges of the road (i.e., the gutter line) shall
be kept free and clear of debris, stone, gravel or any material which
prevents the free flow of water. Driveways shall be so constructed
that the flow line remains clear.
(2)
The storm sewer system shall be kept clean and operational.
(3)
The surface pavement shall be maintained on a continuing
basis. Soft spots or other structural defects shall be repaired immediately
by excavation and replacement with approved material. "Immediate"
shall be considered to be 24 hours from the time oral or written notification
by the Superintendent to the developer, unless arrangements are made,
satisfactory to the Superintendent, to protect the traveling public
by lights and barricades until such time as repairs can be made. Potholes
and edge beveling shall be remedied on a continuing basis or as ordered
by the Superintendent. Repairs shall be made with asphalt concrete
(hot mix, when available).
A.
No building permits will be issued unless the subdivision
roads are complete, with the exception of the wearing course (top)
(asphalt concrete).
B.
In subdivisions that have received final approval
and have been divided into sections approved by the Planning Board,
the roads in a section must be complete as above before any building
permits will be issued for that section.
C.
All lots must have preliminary plot plans furnished
to the Building Inspector, indicating the house location; septic system,
well and drainage flow patterns, with elevations relative to road
surface on a topographic map with two-foot contour intervals; and
driveway plan, with profiles, before a building permit can be issued.
D.
All preliminary plot plans must be prepared and stamped
by a licensed professional engineer or land surveyor.
E.
Before a certificate of occupancy is issued, a final
certified plot plan and a driveway completion certificate must be
furnished to the Building Inspector for his review. The certified
plot plan must include the stamp and signature of a licensed professional
engineer or land surveyor.
Conditions to be satisfied before the Town Board
considers the acceptance of a new highway are as follows:
A.
A set of as-built plans of the highway, showing the
right-of-way lines, drainage and utility easements and a road center
line profile must be submitted to the Town Clerk. These plans must
bear the stamps of both a licensed professional engineer and a licensed
land surveyor.
B.
Metes and bounds descriptions of all rights-of-way
and easements prepared by a licensed land surveyor must be submitted
to the Town Clerk.
C.
The plans and descriptions must be reviewed by a professional
engineer designated by the Highway Superintendent, who shall indicate
his approval either by letter to the Town Board or by stamping of
said plans and descriptions, that he or his authorized representative
has inspected all phases of the highway construction and that all
work has been completed in accordance with the approved plans and
these specifications.
D.
Such roadway must be granted to the Town by a full
covenant and warranty deed containing the correct metes and bounds
description shown on said map, which deed must be in such form as
may be required to entitle the same to be recorded in the office of
the County Clerk of Dutchess County, and filing fees must be paid
by the applicant. The submitted deeds must be approved by the Town
Attorney as to form and sufficiency. A title insurance policy in the
amount of $20,000 per 300 linear feet of road or part thereof must
be filed with the Town Clerk. The cost of this policy shall be borne
by the applicant.
E.
The work completed on the highways at the date of
submittal must be approved by the Town Highway Superintendent, and
the Town Board must be notified of this approval.
