A plan of the proposed road shall be prepared by a professional
engineer or qualified land surveyor properly licensed by the State
of New York. The plan shall clearly define the limits of the proposed
rights-of-way and shall include the locations, widths, profiles and
grades of proposed roadways, storm drainage systems and the locations
of easements and utilities. When the proposed road is part of a subdivision
to be approved by the Town Planning Board, plans shall be submitted
to the Town Superintendent of Highways, the Town Engineer and the
Planning Board for review and approval under the applicable subdivision
regulations of the Town. When the proposed road is not part of a subdivision
requiring Planning Board approval, submittals shall be made to the
Town Engineer and Superintendent of Highways only. When any proposed
highway drains toward or may otherwise affect a county or state highway,
plans shall also be submitted to the County Commissioner of Public
Works or the New York State Department of Transportation for their
review and comments. Such plans so submitted shall not be altered
or amended after having been approved unless amended plans are resubmitted
and approved as above. However, the developer shall, at his own expense,
provide additional storm drainage facilities as may be ordered by
the Town Superintendent of Highways or the Town Engineer if during
the progress of the work, in the opinion of the Town Superintendent
of Highways or the Town Engineer, such additional structures or facilities
are necessary to assure the durability of pavement, the future maintenance
of right-of-way or the welfare or safety of the public. If construction
has not started within one year from the date of final approval by
the Town Planning Board, plans shall be resubmitted and approved as
above.
[Amended 10-4-2004 by L.L. No. 9-2004]
A. Prior to the approval of a subdivision by the Planning Board or the commencement of the construction of any road, the developer shall deposit with the Town a performance bond and allowable form of accompanying security of the type identified within §
132-14 of the Town Code, guaranteeing that:
(1) Within two years, or such other point of time fixed by the Planning Board when a subdivision approval is involved, the developer will complete construction of all required improvements within the rights-of-way in accordance with the approved plans, Town Highway Specifications and, where applicable, Chapter
132, Subdivision of Land.
(2) Upon certification by the developer's professional engineer or licensed
land surveyor and confirmation by the Town Superintendent of Highways
and Town Engineer that the construction of the road has been completed
in accordance with the approved plans and specifications, the developer
will dedicate the completed road to the Town, if the Town Board so
elects, 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.
The performance bond and security amount shall be based on 100% of
the total amount of the estimated costs of the Town to complete the
road as established by the Town Engineer.
B. There shall be no reduction in the amount of the performance security
during or prior to actual deposit thereof with the Town, regardless
of work which may have been completed prior to or during such deposit.
The developer shall procure and maintain at his own expense
and without expense to the Town, until final acceptance by the Town
of the work covered by approved plans and specifications, insurance
for liability for damages imposed by law, of the kinds and in amounts
hereinafter provided, in insurance companies authorized to do such
business in the state, covering all operation under the approved plans
and specifications, whether performed by him or subcontractors. Before
commencing the work, the developer shall furnish to the Town a certificate
or certificates of insurance in a form satisfactory to the Town showing
that he has complied with this section, which certificate or certificates
shall provide that the policies shall not be changed or canceled until
30 days' written notice has been given to the Town. The kind and amount
of insurance is as follows:
A. Liability and property damage insurance: unless otherwise specifically
required by special specifications, each policy with limits of not
less than:
(1) Bodily injury liability:
(b)
Each accident: $1,000,000.
(2) Property damage liability:
Prior to the commencement of construction of the road for which
plans were approved, a field conference shall be held at the construction
site among the developer, developer's contractor and/or subcontractors
that will be constructing the road, the Town Engineer and Town Superintendent
of Highways in order to review the project with respect to clarifying
any matters which may be unclear to the parties involved. Construction
shall not be commenced until such time as the conference has been
held.
It is expected and it is understood that the developer shall
maintain the road giving access to any houses in such condition that
the residents shall have safe, convenient access. The minimum conditions
for such access are:
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 surface pavement shall be maintained on a continuing basis. Soft
spots or other structural defects shall be repaired immediately by
excavation and replacement with good material. "Immediate" shall be
considered to be 24 hours from the time of oral or written notification
by the Town Superintendent of Highways 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. Potholing and edge raveling shall be remedied on a continuing
basis or as ordered by the Superintendent. Repairs shall be made with
asphalt concrete (hot-mix, when available).
The Town Superintendent of Highways and Town Engineer shall inspect the road prior to the expiration of the continuation security. Defects found shall be remedied in accordance with §
A155-11 hereinabove, after which a recommendation for release of the continuation security and insurance will be forwarded to the Town Board for final release thereof.