A.
Plans, including profiles and construction details of
the proposed streets or highways, shall be prepared by a qualified professional
engineer 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.
B.
Plans shall first be submitted to the Town Superintendent
of Highways and designated Town Engineer. When any proposed highway drains
toward or may otherwise affect a County or state highway, plans shall additionally
be submitted to the County Commissioner of Public Works or the New York State
Department of Transportation for his or its review, comments and, to the extent
which may be applicable, approval. All plans for new streets or highways shall
be concurrently submitted to the Town Planning Board for review and approval
under the applicable Land 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. Moreover, the developer
shall, at his own expense, provide additional storm drainage facilities as
may be ordered by the Town Superintendent of Highways and the designated Town
Engineer if, during the progress of the work, in the opinion of the Town Superintendent
of Highways, the Town Engineer, the County Commissioner of Public Works and/or
the New York State Department of Transportation, 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 calendar year from the date of final approval
by the Town Planning Board, plans shall be resubmitted and approved as above.
A.
Performance guaranty.
(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 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 the developer's professional
engineer and by the Town Superintendent of Highways and designated Town Engineer
that the construction of the street or highway has been completed in accordance
with the approved plans and specifications, the developer will dedicate the
completed street or highway to the Town for use as a public highway free and
clear of all liens and encumbrances, except in the case of private streets
which may have been authorized by the Planning Board during the subdivision
plat approval process. 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 or a certified check in the amount of 100% of total
construction cost, plus associated costs and contingencies as specified by
the Land Subdivision Regulations.[1] This amount shall be determined by applying to the quantities
or dimensions shown on the approved plan rates per unit reviewed and approved
on a project-specific basis by the designated Town Engineer.
B.
Insurance. 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 plan 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,
whether performed by him or subcontractors. Before commencing the work, the
developer shall furnish to the Town a certificate or certificates of insurance
in form satisfactory to the Town showing that he has complied with this subsection,
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:
(1)
Liability and property damage insurance: unless otherwise
specifically required by special specifications, each policy with limits of
not less than $500,000 per occurrence for either bodily injury or property
damage.
A.
The developer shall afford the Town Superintendent of
Highways and designated Town Engineer the opportunity to inspect the work
in order that they may assure themselves 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
and designated Town Engineer at least three days' notice of such expected
completions and shall not proceed to the next order of work until the Superintendent
and designated Town Engineer have approved the work inspected.
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.
The edges of the road, i.e., the gutter line, shall be
kept free and clear of debris, stone, gravel or any materials which prevent
the free flow of water. Driveways shall be so constructed that the flow line
remains clear.
B.
The storm sewer system shall be kept clean and operational.
C.
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 or designated Town Engineer to the developer, unless arrangements
are made, satisfactory to the Superintendent or designated Town Engineer,
to protect the traveling public by lights and barricades until such time as
repairs can be made. Potholes and edge raveling shall be remedied on a continuing
basis, with repairs made with asphalt concrete (hot mix, when available).
A.
No building permits or certificates of occupancy will be issued except in strict accordance with Article IV, § 101-10, of Chapter 101, Subdivision of Land, which addresses the completion of improvements and the posting of a letter of credit for completion or installation of all required subdivision improvements, with it further provided by these specifications that, regardless of the aforesaid, no certificate of occupancy will be issued except upon completion of the asphalt concrete base course of any street or roadway and the approval of the same by the Town Highway Superintendent and Town Engineer.
B.
All lots must have preliminary plot plans furnished to
the Building Inspector, indicating house location, septic system, well and
drainage flow patterns with elevations relative to road surface, before a
building permit can be issued. All such preliminary plot plans must be prepared
and stamped by a licensed professional engineer or land surveyor.
C.
If the drainage from any lot flows across lands of other
properties, permission must be obtained, in writing, from said property owner
or owners. The final destination of any surface water must be indicated, i.e.,
natural streams, stormwater system, dry wells, etc. Dry wells will only be
acceptable if percolation tests are certified by a licensed engineer and approved
by the designated Town Engineer.
D.
Before a certificate of occupancy is issued, a final
certified plot plan 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.
Prior to acceptance of a highway constructed under these specifications,
the developer's professional engineer shall certify, in writing, 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. This certification and the required set of
record plans shall be reviewed for sufficiency by the designated Town Engineer.
The following conditions are to be satisfied before the Town Board considers
the acceptance of a new highway:
A.
A set of record plans of the street or highway showing
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 and,
if they are a portion of a subdivision or site plan, must also bear the stamp
of approval of the Planning Board. Information presented on the record plans
shall be in strict accordance with a checklist provided by the designated
Town Engineer.
B.
Metes and bounds description 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 the designated
Town Engineer who shall indicate his approval either by letter to the Town
Board or by the stamping of said plans and descriptions.
D.
The submitted deeds must be checked by the Town Attorney
as to form and sufficiency. A title search must be made of the land offered
to assure the validity of the title, and the cost of this search shall be
borne by the applicant.
E.
The work completed on the streets or highways at the
date of submittal must be approved by the designated Town Engineer and the
Town Highway Superintendent, and the Town Board must be notified of this approval.
F.
Approved permanent concrete or granite monuments shall
be set according to the Town Street and Highway Specifications or as directed
by the designated Town Engineer, and their location shall be shown on the
road plan. Iron pipes, unless embedded in concrete, shall not be considered
permanent monuments for the purpose of these regulations.
