[HISTORY: Adopted by the Common Council of
the City of Middletown 5-11-1959 (Ch. 103 of the 1971 Code). Amendments noted where applicable.]
For the purpose of these regulations, certain
words used herein are defined as follows:
The Planning Board of the City of Middletown.
The Commissioner of Public Works of the City of Middletown,
or if there be no such official, the planning consultant or engineer
employed by or assigned by the Common Council.
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented to the Common Council for approval
and which, if approved, will be submitted to the County Clerk-Treasurer
for recording. The developer may at his option submit either a preliminary
or final subdivision plat. However, if the final map as submitted
does not meet the approval of the Common Council, it will be considered
as a preliminary plan only.
[Amended 9-12-2005]
The preliminary drawings indicating the proposed layout of
the subdivision to be submitted to the Common Council for its consideration.
[Amended 9-12-2005]
The division of any parcel of land into two lots, plots,
sites or other divisions of land for immediate or future sale or for
building development.
A.
Whenever any subdivision of land is proposed to be made and before any contract for the sale of or any offer to sell each subdivision or any part thereof is made, and before any permit for the erection of a structure shall be granted, the subdivider or owner thereof or his agent shall apply, in writing, to the Common Council for approval of such subdivision. The application of the subdivider, owner or agent to the Common Council shall conform to the specifications in §§ 420-3, 420-4 and 420-5 of these regulations.
[Amended 9-12-2005]
B.
All maps and applications for subdivision approval shall be referred to the Planning Board, except those applications for two- or three-lot subdivisions. The Planning Board shall then study the street maps, street profiles and the general preliminary map in connection with the topography of the area, its relation to the topography of the adjoining areas, the existing requirements of the zoning ordinance, if any, the existing and future storm sewers, sanitary and water systems. The Planning Board may require the developer to furnish such additional information concerning the lands in question and adjoining lands as it deems necessary in order to render their opinion. The Planning Board shall discuss all maps and profiles submitted in § 420-1 with the subdivider or his agents at a regular meeting of the Board. Within 30 days after such discussion, the Planning Board shall communicate in writing to the Common Council whatever changes are deemed necessary and advisable. The Common Council may, within 20 days after receipt of such recommendations from the Planning Board, notify the subdivider of such changes, if any, and within three months after receipt of such notice, the subdivider shall file with the Council five original drawings of the formal subdivision plat and street profiles.
[Amended 9-12-2005; 6-11-2007]
C.
The Common Council shall conduct a public hearing within 62 days from the day a complete subdivision application is received by it in accordance with § 32 of the General City Law.
[Amended 9-12-2005; 6-11-2007]
(1)
Notice of the public hearing shall be printed in the official newspaper of the City at least five days prior to the date thereof. Additional notice shall be given in accordance with the requirements as established for hearings on appeals by the Zoning Board of Appeals in § 475-56H of this Code.
(2)
If the proposed subdivision involves any of the areas specified in § 475-56K or L of this Code, then the Common Council, at least 10 days before the public hearing, shall mail notices thereof to the Orange County Planning Department and the subject neighboring municipality as required by §§ 239-l and 239-m of the General Municipal Law.
(3)
In considering any application for a subdivision,
the Common Council shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations.
(4)
The Common Council shall decide the subdivision application
within 62 days after the public hearing and after the applicant has
submitted all supporting information required by the Common Council.
The time within which the Council must render its decision may be
extended by mutual consent of the applicant and the Council.
(5)
The Common Council shall, by resolution, approve,
with or without modification, or disapprove the application. The grounds
for a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Common Council. When so approving a
preliminary plat, the Council shall state in writing any modifications
it deems necessary for submission of the plat in final form.
(6)
Certification and filing of preliminary plat. Within
five business days of the adoption of the resolution granting approval
of a preliminary plat, such plat shall be certified by the Clerk of
the Common Council as having been granted preliminary approval, and
a copy of the plat and resolution shall be filed in such Clerk’s
office. A copy of the resolution shall be mailed to the subdivider.
(7)
Revocation of approval of preliminary plat. Within
six months of the approval of the preliminary plat the applicant must
submit the plat in final form. If the final plat is not submitted
within six months, approval of the preliminary plat may be revoked
by the Common Council.
(8)
Approval of final plats. Final plats shall conform to the requirements contained in § 32 of the General City Law. When a final plat is submitted which the Common Council deems to be in substantial agreement with a preliminary plat approved pursuant to this section, the Common Council shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat, within 62 days of its receipt by the Clerk of the Common Council.
(9)
When a final plat is submitted which the Common Council deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, the Common Council shall conduct a public hearing within 62 days from the day such final plat is received by it in accordance with § 32 of the General City Law and with Subsection C(1),(2) and (3) of this section.
(10)
Decision. The Common Council shall make its
decision on the final plat by resolution conditionally approving,
with or without modification, disapproving, or granting final approval
and authorizing the signing of such plat within 62 days after the
date of the public hearing. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the records of
the Common Council.
(11)
Approval and certification of final plats. Within
five-business days of the adoption of a resolution granting conditional
or final approval of the final plat, such plat shall be certified
by the Clerk of the Common Council as having been granted conditional
or final approval, and a copy of such resolution and plat shall be
filed in such Clerk’s office. The date of approval and signature
of the Clerk shall be affixed thereon. A copy of the resolution shall
be mailed to the subdivider. In the case of a conditionally approved
plat, such resolution shall include a statement of the requirements
which, when completed, will authorize the signing thereof. Upon completion
of such requirements the plat shall be signed by said Clerk, and a
copy of such signed plat shall be filed in the office of said Clerk
and in the offices of the Commissioner of Public Works and the Assessor.
(12)
Duration of conditional approval of final plat.
Conditional approval of the final plat shall expire within 180 days
after the resolution granting such approval unless all requirements
stated in such resolution have been certified as completed. The Common
Council may extend by not more than two additional periods of 90 days
each the time in which a conditionally approved plat must be submitted
for signature if, in the Common Council’s opinion, such extension
is warranted by the particular circumstances.
(13)
Filing of final plat; expiration of approval.
The subdivider shall file in the office of the County Clerk such approved
final plat within 62 days from the date of final approval or such
approval shall expire.
D.
Within one year from the date of said approval, the developer shall complete the development in accordance with the Council's decision to the satisfaction of the Engineer and any other official or body authorized by law to act. If the development is not completed within one year, the Engineer shall inspect the development and estimate the cost of completion. Upon certification by the Engineer to the Common Council of his estimate of the cost to complete the development, no further building permits shall be issued for the development until the subdivider shall post either cash or a performance bond complying with Section 33 of the General City Law, satisfactory to the Corporation Counsel as to form, sufficiency, manner of execution and surety. Simultaneously with the posting of cash or a performance bond for the satisfactory completion of the work, the subdivider shall tender offers of cession in a form satisfactory to the Engineer and the Corporation Counsel, of all lands included in the streets, highways or parks, not specifically reserved by him, to the City, but said tender shall not constitute an acceptance by the City of said lands.
[Amended 5-8-1961]
E.
Within two years from the date of said approval, the
Engineer shall inspect the development, and if the work certified
to be done is not completed by the subdivider, the cash deposited
as surety shall be forfeited and the City shall complete the work,
or if a performance bond has been posted, the City may declare said
performance bond to be in default, and require the surety to complete
the work remaining undone in accordance with the certification of
the Engineer.
[Amended 5-8-1961]
F.
Cost of
professional services required in subdivision review process.
[Added 7-13-2009]
(1)
On
all applications for subdivision approval to the Common Council, the
applicant shall pay the actual cost of engineering, planning or other
professional services which may be reasonably required by the Common
Council in the processing of the application.
The subdivider shall observe the following requirements
and principles of land subdivision:
B.
The arrangement of streets in the subdivision shall
provide for the continuation of the principal streets adjoining subdivisions
or for their proper projection when adjoining property is not subdivided,
and shall be of a width at least as great as that of such existing
connecting streets, with a minimum width of 50 feet.
C.
Minor streets shall be so laid out that their use
by through traffic will be discouraged.
D.
In general, main highways and secondary highways shall
not be less than the width shown on the Master Plan. Parkways and
boulevards shall be such width as may be designated by the Common
Council. The width of streets shall not be less than 50 feet.[1]
[Amended 9-12-2005]
[1]
Editor's Note: Former Subsection E, which
immediately followed this subsection and listed dead-end or cul-de-sac
streets, was repealed 4-10-1972.
E.
No street names shall be used which will duplicate
or be confused with the names of existing streets. Street names shall
be subject to the approval of the Common Council.
[Amended 9-12-2005]
F.
Corner lots shall be increased in size whenever necessary
so as to provide that any structure to be placed thereon shall conform
to the building line of each street.
G.
The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the locations of the subdivision and for the type of development and use contemplated. Lot dimensions shall conform to the requirements of Chapter 475, Zoning. Lots shall have a minimum width of 50 feet. This minimum width of lots shall not apply to row houses or townhouses which are attached to buildings on contiguous lots and which have a common party wall.
[Amended 10-26-1970]
H.
The subdividing of land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street, except that minor subdivisions (two- or three-lot subdivisions) with private road access only may be approved in the discretion of the Common Council for lots contained in Section 15, Block 1, of the Tax Map of the City of Middletown.
[Amended 11-1-2011]
I.
Grades of all streets shall conform in general to
the terrain and shall be the reasonable minimum, but shall not be
less than 0.5% nor more than 5% for main thoroughfares nor more than
10% for minor streets.
J.
Land subject to flooding and land deemed by the Common
Council to be uninhabitable shall not be platted for residential occupancy,
nor for such other uses as may increase danger to health, life or
property or aggravate the flood hazard, but such uses as shall not
be endangered by periodic or occasional inundation or shall not produce
unsatisfactory living conditions may be permitted.
[Amended 9-12-2005]
K.
In case a tract is subdivided into larger parcels
than ordinary building lots, such parcels shall be arranged so as
to allow the opening of future streets and logical further resubdivision.
L.
In general, no reserve strips controlling access to
land dedicated or to be dedicated to public use shall be permitted.
M.
The Common Council shall generally require the developer
to pay the cost of bringing sanitary sewers, storm sewers, water mains,
pumping stations or other facilities from existing areas to the proposed
development.
N.
In front of areas designed and zoned or where a petition
for a change in zoning is contemplated for commercial use, to permit
such use the street width shall be increased by such amount on each
side as may be deemed necessary by the Common Council to assure the
free flow of through traffic without interference by parked or parking
vehicles and to provide adequate and safe parking space for such commercial
or business district.
[Amended 9-12-2005]
[Amended 9-12-2005]
Subdividers shall present to the Common Council
a preliminary layout. Four copies shall be filed at the scale of not
more than 50 feet to the inch, showing or accompanied by the following
information:
A.
Proposed subdivision name and identifying title and
the name of the City in which the subdivision is located.
B.
Name and address of record owner, subdivider and designer
of preliminary layout.
C.
Location of property lines, existing easements, buildings,
watercourses and other essential features.
D.
The names of all subdivisions immediately adjacent
and the names of owners of record of adjacent acreage.
E.
Subsurface conditions on the tract, if required by
the Common Council; location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions.
F.
Other conditions on the tract, such as watercourses,
marshes, rock outcrop, wooded area, isolated preservable trees one
foot or more in diameter, houses, barns, shacks and other significant
features.
G.
Other conditions on adjacent land, such as approximate
direction and gradient of ground slope, including any embankments
or retaining walls; character and location of buildings, railroads,
power lines, nonresidential land uses or adverse influence, and other
significant features.
H.
Photographs, if required by the Common Council.
I.
The location of any existing sewers and water mains,
culverts and drains, on the property to be subdivided.
J.
Location, names and present widths of existing and
proposed streets, highways, easements, building lines, alleys, parks
and other public open spaces, and similar facts regarding adjacent
property.
K.
Minimum building setback line on all lots and other
sites.
L.
Any changes in the use, height, area and density districts or other regulations under Chapter 475, Zoning, applicable to the area to be subdivided, and any boundaries of such districts affecting the tract; all parcels of land proposed to be dedicated to public use and the conditions of such dedication.
M.
The width and location of any street or other public
ways or places shown upon the Official Map or Master Plan, if such
exists, within the area to be subdivided, and the width, location,
grades and street profiles of all streets or other public ways proposed
by the developer.
N.
Typical cross sections of the proposed grading and
roadways or sidewalks and topographical conditions.
O.
Date, true north point and scale.
P.
Deed description and map of an actual field survey
of the boundary lines of the tract, giving complete descriptive data
by bearings and distances, made and certified to by a licensed engineer
or land surveyor and shall have the signature, license number and
seal of such engineer or surveyors affixed thereto. The corners of
the tract shall also be located on the ground and marked by substantial
stone monuments referenced and shown on the plan.
Q.
Connection with existing water supply.
R.
Connections with existing sanitary sewage system.
S.
Provisions for collecting and discharging surface
drainage.
T.
Preliminary design of any bridges or culverts which
may be required.
U.
The proposed lot lines with approximate dimensions.
V.
The preliminary layout shall show proposed location
and type of sidewalks, species of street trees, location of curbs,
water mains, sanitary sewers and storm sewers and drains and the sizes
and types thereof, the character and depth of pavement and subbase,
the location of manholes and catch basins, underground conduits and
fire alarm boxes.
W.
Where the topography is such as to make difficult
the inclusion of any such facilities within the public area so laid
out, the preliminary layout shall show the boundaries of proposed
permanent easements over or under private property, which permanent
easements shall be not less than 10 feet in width and which shall
provide satisfactory access to an existing public highway or other
public open space shown upon the layout.
X.
Where the preliminary layout submitted covers only
a part of the subdivider's entire holding, a drawing of the prospective
future street system of the unsubmitted part shall be furnished, and
the street system of the unsubmitted part will be considered in the
light of adjustments and connections with the street system of the
part not submitted.
If no preliminary layout is filed, the plat shall conform to specifications of § 420-3, and in addition:
A.
Five subdivision plats shall be submitted for approval
and subsequent recording shall be clearly and legibly drawn in ink
upon tracing cloth. The size of the sheets shall be 20 inches by 20
inches, or 20 inches by 40 inches.
B.
The drawing shall be at the scale of not more than
50 feet to the inch. The subdivision plat shall show:
(1)
Proposed subdivision name or identifying title and
the name of the City and county or counties in which the subdivision
is located, the name and address of record owner and subdivider, name,
license number and seal of the licensed professional engineer or land
surveyor.
(2)
Street lines, pedestrian ways, lots, reservations,
easements and areas to be dedicated to public use.
(3)
Sufficient data acceptable to the engineer to determine
readily the location, bearing and length of every street line, lot
line, boundary line and to reproduce much lines upon the ground. Where
practicable, these should be referenced to monuments, included in
the state system of plan coordinates, and in any event should be tied
to reference points previously established by a public authority.
(4)
The length of all straight lines, the deflection angles,
radii, length of curves and central angles of all curves, tangent
distances and tangent bearing shall be given for each street. All
dimensions and angles of the lines of each lot shall also be given.
All dimensions shall be shown in feet and decimals of a foot. The
final plat shall show the boundaries of the property, location, graphic
scale and true North point.
(5)
The final plan shall also show by proper designation
thereon all public open spaces for which deeds of cession are included,
and those spaces title to which is reserved by the developer. For
any of the latter, there shall be submitted with the final subdivision
plat copies of agreements or other documents showing the manner in
which such areas are to be maintained and the provisions made therefor.
(6)
All offers of cession and covenants governing the
maintenance of unceded open space shall bear the certificate of approval
of the Corporation Counsel as to their legal sufficiency.
(7)
Before the final approval of the plat, there shall
be filed with the Common Council a certificate of the Engineer as
to the completion of all improvements required by the Common Council
to his satisfaction in accordance with standards and specifications
prescribed by him. For any required improvements not so completed,
there shall be submitted with the plat a certificate of the Corporation
Counsel as to the sufficiency of the bond offered in lieu thereof.
[Amended 9-12-2005]
(8)
Lots and blocks within a subdivision shall be numbered
and lettered in alphabetical order in accordance with the prevailing
City practice.
(9)
Monuments of a type approved by the Engineer shall
be set at all corners and angle points of the boundaries of the original
tract to be subdivided, and at all street intersections, angle points
in street lines, points of curve and such intermediate points as shall
be required by the Engineer.
(10)
Permanent reference monuments shall be identified
on the plat. They shall be constructed in accordance with specifications
of the Engineer, and shall be placed as required by the Engineer and
their location noted and references upon the plat.
(11)
All corner markers shall be permanently located
satisfactory to the City Engineer, at least 3/4 inch (if metal) in
diameter and at least 24 inches in length, identified on the plat
and located in the ground to existing grade.
(12)
Variations of the general requirements above
outlined may be permitted by the Board on application when, in their
judgment, special factors warrant such variation.
[Amended 2-26-1968; 4-10-1972; 5-14-1973; 3-11-1974; 2-24-1975]
A.
No existing street shall be extended unless the portion
so extended shall have a width not less than the street width of the
street now used or formally accepted, but in no case shall the width
of the extended portion be less than 40 feet. When the proposed extension
of an existing street shall exceed 600 linear feet, or when topography
or the existing surface conditions shall indicate that the ultimate
extension of the street will exceed 600 linear feet, or when deemed
necessary by the Commissioner of Public Works or his designated representative,
then the width requirements for new streets shall govern.
B.
No new street shall be acceptable unless it shall
have a width of not less than 50 feet.
C.
The developer shall establish and clearly mark on
the site the limits of the road right-of-way and easements, the center
line and grades of the road pavement, in accordance with the approved
plans. Such markers shall be maintained at the developer's expense
until the public improvements have been completed, inspected and approved
by the Commissioner of Public Works or his designated representative.
D.
The developer shall clear the street a minimum of
30 feet in width. If sidewalks are required, the developer shall clear
the street a minimum of 50 feet in width. The developer shall remove
all topsoil, sod, roots and stumps over the width cleared. This material
shall be removed from the site by the developer.
E.
Grading and filling.
(1)
The developer shall rough grade the proposed street
by bringing it to the subgrade line and grade as shown on the approved
plans, and as otherwise may be directed by the Commissioner of Public
Works or his designated representative, before installing any public
utilities.
(2)
All unsuitable or unstable materials, such as clay,
ashes, organic material or peat shall be completely excavated and
removed from the road right-of-way, and all rock or boulders larger
than six inches in diameter shall be excavated at least eight inches
below the finished subgrade of the road pavement.
(3)
Fills of excavated material or fills necessary to
complete the required line and grade, or to backfill trenches, shall
be material acceptable to the Commissioner of Public Works or his
designated representative.
(4)
Fill shall be thoroughly consolidated and must be
placed in layers not to exceed one foot in depth and rolled or compacted
until the fills are firm and unyielding.
F.
The developer shall install water mains and sanitary
sewers in accordance with the approved plans, with services inside
the curbline. If the curb requirement is waived, the curbline shall
be staked. The water mains and sanitary sewers shall be installed
according to specifications set forth by the Commissioner of Public
Works. Inspection and approval shall be made by the City of Middletown
Plumbing Inspector, the Commissioner of Public Works and/or their
designated representatives. Prints of the water and sanitary sewer
lines shall be given to the electric, gas and telephone companies.
G.
The developer shall install storm sewers and catch
basins in accordance with the approved plans and specifications set
forth by the Commissioner of Public Works. Inspection and approval
shall be made by the Commissioner of Public Works or his designated
representative.
H.
The developer shall, at his expense, have installed
underground gas and electric facilities in the streets and on lots
in accordance with Public Service Commission regulations, unless waived
by the Public Service Commission and/or the Planning Board.
[Amended 9-12-2005]
I.
The developer shall contact the telephone company
and have installed underground or overhead telephone facilities in
the street right-of-way and on the lots. These requirements are under
Public Service Commission and Planning Board rulings.
[Amended 9-12-2005]
J.
The developer shall, at his expense, have installed
the necessary bases, connections, fixtures and wood-laminated lighting
standards for the streetlighting of the development. The plan for
the streetlighting shall be prepared by the utility company after
preliminary site plan approval has been granted.
K.
The developer shall, at his expense, install or have
installed whatever fire alarm standards, bases, connections or any
fire alarm system which is deemed necessary by the Chief of the Fire
Department or his designated representative.
L.
The developer shall install concrete curbing and sidewalks
unless waived by the Common Council. The curbing, sidewalks and driveway
cuts shall be in accordance with current City of Middletown standards
and specifications set forth by the Commissioner of Public Works.
Inspection and approval shall be made by the Commissioner of Public
Works or his designated representative.
[Amended 9-12-2005]
M.
The location of underground utilities in the street
shall be as follows:
(1)
The sanitary sewer shall be located in the center
line of the street.
(2)
The water and storm sewer lines shall be located on
the north and west sides of the street.
(3)
The electric and gas facilities shall be located on
the south and east sides of the street.
(4)
The telephone and other communications (i.e. fire
alarm systems) shall be located on the south and east sides of the
street and/or on a strip of land five feet in width contiguous to
each side of the public right-of-way.
(5)
Any waiver in these locations requires approval by
the Commissioner of Public Works or his designated representative
and demands notification of all parties involved.
N.
The developer shall fine grade the subgrade to the
line and grade as shown on the approved plans and as otherwise directed
by the Commissioner of Public Works or his designated representative,
and thoroughly compact the subgrade with an approved self-propelled
roller, weighing not less than 10 tons, after all underground public
utilities and services have been installed and all fill and backfill
has been thoroughly compacted. Any soft or unstable portions of the
subgrade which develop under the roller shall be completely excavated
and removed from the right-of-way and shall be replaced with acceptable
granular material and shall be regraded and compacted.
O.
Base course; materials.
(1)
The developer shall build a base course, which shall
be a minimum of 30 feet wide, centered in the public right-of-way.
The base course shall be brought to the line and grade, as shown on
the approved plans, with at least eight inches of run-of-bank gravel
or shale, after all public utilities are installed, inspected and
approved. Where conditions warrant, an increased depth of the base
course may be required by the Commissioner of Public Works or his
designated representative.
(2)
The gravel used for the base course shall be well
graded from coarse to fine. The maximum diameter of particles shall
not exceed four inches. One hundred percent by weight of the particles
shall be of such size as will pass through a four-inch-square hole.
Not more than 60% by weight of the particles shall be of such size
as will pass through the No. 40 mesh sieve and not more than 10% by
weight of the particles shall be of such size as will pass through
the No. 200 mesh sieve.
(3)
In all instances, approval of the material shall be
secured from the Commissioner of Public Works or his designated representative,
before applying such material to the proposed street.
(4)
The material shall be placed by mechanical spreaders,
and shall be thoroughly compacted by rolling with a self-propelled
ten-ton roller.
P.
Binder course and concrete wearing course.
(1)
The developer shall construct a two-course bituminous
concrete wearing course after the base course has been completed to
the satisfaction of the Commissioner of Public Works or his designated
representative.
(2)
The asphaltic concrete shall conform to the latest
New York State Department of Public Works specifications for NYS Item
403.05 asphalt concrete, Type 1A binder; NYS Item 403.01 asphalt concrete,
Type 1A top.
(3)
After the base course has been approved by the Commissioner
of Public Works, a bituminous concrete binder course shall be uniformly
spread by a self-propelled mechanical spreader, and in sufficient
depth so as to provide a finished compacted thickness after rolling
of not less than two inches. The course in place shall be thoroughly
rolled with a ten-ton roller.
(4)
After the binder course has been completed and thoroughly
cleaned of foreign material, and a tack coat of asphalt emulsion has
been applied to the surface at the rate of 1/10 to 1/20 gallon per
square yard, in the event that the binder course has been subject
to traffic for an extended period of time, a final wearing course
of bituminous concrete top shall be uniformly spread by a self-propelled
mechanical spreader and in sufficient depth so as to provide a finished
compacted thickness, after rolling, of not less than one inch. The
top wearing course in place shall be thoroughly compacted with a two-wheel
tandem roller weighing not less than 10 tons.
(5)
The bituminous concrete wearing course shall conform
accurately to the line, grade and crown shown on the approved plans
and specifications set forth by the Commissioner of Public Works.
All roadwork shall be in accordance with the above City of Middletown
standards and specifications set forth by the Commissioner of Public
Works. Typical street cross section details will be available from
the Department of Public Works. Inspection and approval shall be made
by the Commissioner of Public Works or his designated representative.
Q.
The developer shall give the City of Middletown, New
York, all easements shown on the approved plans, before street acceptance
can be attained.
R.
The developer shall have the professional engineer,
whose seal is on the approved subdivision plat, supply the City of
Middletown Department of Public Works with detailed as-built plans
for all public improvements, including house services, after all public
improvements have been approved by the Commissioner of Public Works
or his designated representative.
S.
The developer's professional engineer, whose seal
is on the approved subdivision plat, shall have inspectors at the
subdivision site daily to inspect all public improvements and ensure
that they are installed according to the approved plans and City of
Middletown specifications. These inspectors shall work closely with
and coordinate inspections and tests with City of Middletown inspectors.
T.
The developer's professional engineer, whose seal
is on the approved subdivision plat, shall submit to the Commissioner
of Public Works, in writing, an engineer's certification of completed
works, stating that all public improvements have been completed in
accordance with the approved plans and City of Middletown, New York,
specifications, before street acceptance can be attained.
U.
Prior to acceptance by the City of Middletown, New
York, of the dedication of the street, the developer shall deposit
with the Treasurer a maintenance bond of acceptable surety or shall
deposit with the Treasurer acceptable negotiable government bonds,
cash or a certified check drawn upon a national or state bank payable,
at sight, to the Common Council, guaranteeing that, for a period of
one year from the date of acceptance of the dedication of the street
by the City, the developer will maintain the street to the standard
of construction set by the approved plans and City of Middletown 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 City 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. The amount of
the maintenance bond shall be equal to at least 10% of the total cost
of all public improvements, this cost to be estimated by the Commissioner
of Public Works or his designated representative.
[Amended 1-7-2008]
V.
No new street shall be accepted for dedication until
all public improvements have been installed in accordance with the
approved plans, City of Middletown, New York, specifications, and
until all public improvements have been inspected and approved by
the Commissioner of Public Works or his designated representative.
W.
No certificate of occupancy will be issued until the
street is accepted.
X.
Final decision as to the interpretation of any part
of these specifications shall rest with the Commissioner of Public
Works. The Commissioner of Public Works shall have the authority to
modify the requirements of these specifications if, in his opinion,
conditions warrant a change.
Y.
No new street shall be accepted for dedication until
the developer shall have posted with the City Treasurer a policy of
title insurance for said street, issued by an insurance company licensed
to do business in the State of New York, and in an amount to be set
by the Corporation Counsel, but in no case for an amount less than
$3,000.[1]
[1]
Editor's Note: Original § 103-7,
Installation of utilities, which immediately followed this section,
as added 9-11-1972 and amended 12-11-1972, was repealed 5-14-1973.
