[Amended 10-14-1993 by L.L. No. 9-1993]
A.
Completion of improvements or filing of bond. After
adoption of a resolution approving a subdivision plat and before the
plat is signed by the Chairman of the Planning Board, the applicant
shall be required to complete all street, sanitary and other improvements
specified in the resolution approving said plat or, as an alternative,
to file with the Town Board a bond in an amount fixed by the Planning
Board as sufficient to secure to the town the satisfactory construction
and installation of the incomplete portion of the required improvements.
Such performance bond shall comply with the requirements of § 277
of the Town Law. The period within which required improvements must
be completed will be specified by the Planning Board in its resolution
and expressed in the bond. Such bond shall also provide for the retention
by the town of 10% of the originally fixed amount for a period of
one year after the satisfactory completion of all improvements or
until one year after dedication papers and a title report, in satisfactory
form and content, are filed and accepted by the Town Board in those
circumstances where the improvements are to be dedicated to the town,
whichever period of time is longer, in order to insure the soundness
and integrity of such improvements.
B.
Costs to be borne by applicant. All required improvements
shall be made by the applicant, at his expense, without reimbursement
by the town or any special district therein.
C.
Satisfactory construction. The construction or installation of all requirements improvements shall be done to the satisfaction of the Planning Board and in accordance with the terms of its resolution of approval and with the standards specified in Article IV of these regulations and the Standard Specifications for Subdivision Road Construction of the Town of Somers.[1]
D.
Modification of requirements. If at any time, either
before or during the course of construction of the required improvements,
it is determined by the Planning Board, based upon a report from the
Town Engineer, that unforeseen conditions make it necessary to modify
the location or design of any such improvements, the Board may modify
the terms and conditions of the approval so as to require such changes
as may be necessary to comply with the spirit and intent of the Board's
original approval and to conform to accepted engineering practices.
If such modifications affect the scope of work covered by a bond,
the Board may also require the necessary modifications of such bond.
E.
Failure to complete improvements.
(1)
Where performance bond is not posted. If the improvements
are not completed within the period specified by the Planning Board
in the resolution approving the subdivision plat, the approval shall
be deemed to have expired. The applicant may reapply for approval
of the proposed subdivision in accordance with these regulations.
(2)
Where a performance bond is furnished. If the improvements
are not completed within the term of such performance bond and if
no application for the extension of the bond has been made by the
subdivider and approved by the Planning Board, the Town Board may
thereupon declare said bond to be in default. Where none of the required
improvements have been installed within the time period specified
in the bond, the approval of said subdivision shall be deemed null
and void.
F.
Extension of period specified in bond. The time period
specified for the completion of all required improvements, as set
forth in the bond, shall not be extended except upon the approval
of the Planning Board. Requests for an extension shall be addressed,
in writing, to the Planning Board and shall set forth the following:
(1)
Detailed reasons for failure or inability to complete
the work within the time specified in the bond.
(2)
The amount of work which has been completed, as certified
by the applicant's engineer.
(3)
The maximum estimated time required to complete the
remainder of the work.
(4)
The period for which extension of the bond is requested.
G.
Reduction of bond. Upon approval of the Town Board
and after due notice and public hearing, the Planning Board may reduce
the required amount of a performance bond during its term where the
Board finds the required improvements to have been installed in sufficient
amount to warrant such reduction. Requests for a reduction shall be
addressed, in writing, to the Planning Board and shall itemize the
amount of required improvements already completed and the amount of
reduction requested.
[Amended 7-10-1985; 1-18-1996 by L.L. No. 2-1996]
A.
General procedure. The Town Engineer or other duly
authorized representative shall inspect required improvements during
construction to assure their satisfactory completion, and, upon such
completion, the Planning Board shall require a certificate from such
official stating that all required improvements have been satisfactorily
completed. If, upon inspection, it is found that any of the required
improvements have not been constructed in accordance with the approved
plans, the applicant shall be responsible for completing said improvements
according to specifications. Failure of the Town Engineer or other
duly authorized representative to carry out inspections of required
improvements during construction shall not in any way relieve the
applicant or the bonding company of their responsibilities. The Town
Engineer, Road Inspector, Superintendent of Highways and any member
of the Planning Board or Town Board shall have access to all parts
of the work area at all times while under construction.
B.
Inspection fee. Applicants for all subdivisions involving
the construction of new streets or other improvements shall be required
to pay an engineering and inspection fee in an amount set forth in
a fee schedule adopted by the Town Board. Such fee is payable prior
to the initiation of costs incurred by the town in conducting inspections.
C.
Inspection of stages of construction.
(1)
In order to facilitate inspection of required improvements
during construction, the applicant shall notify the Town Engineer
when reaching each of the following stages in the construction operation.
No construction will be approved without such notification. Advance
notice of at least 48 hours shall be given wherever possible.
(a)
Prior to the start of work to review the implementation
of erosion control measures.
(b)
Prior to the spreading of Item 4, after shaping
of subgrade.
(c)
During excavation and before construction of
embankment or subgrade when soft and unstable material is encountered
or when the water table is exposed.
(d)
When excavations are ready for placing foundations,
and when pipe trenches are shaped and prepared for laying pipe and/or
underground utility lines.
(e)
Before and after Item 4 base is spread and compacted
and before pavement binder course is started. The contractor should
secure approval of the Item 4 material in the bank before spreading
since unsatisfactory material could result in the rejection of the
completed base.
(f)
When placing and rolling of binder and top pavement
course is started to determine that the proper crown height has been
established and that the surface texture is void of unacceptable depressions
and/or high spots. The binder layer must successfully pass through
a winter season prior to the installment of the asphalt top.
(g)
After completion of all improvements.
(2)
The applicant shall not proceed to work on any stage
subsequent to the first stage until the work has been inspected and
approved by the Town Engineer or other duly authorized representative.
(3)
In the case of any other improvements, the Town Engineer
shall inspect the work at such progressive stages as the Town Engineer
shall specify, and the Town Engineer shall certify to the Planning
Board that the work was inspected and was in accordance with the approved
plans and specifications.
(4)
Following each inspection, written reports will be
made by the Town Engineer placing the completed work in one of the
following classifications:
(5)
Copies of inspection reports shall be distributed
to the Planning Board and the subdivider.
D.
Certification of mix data. Upon request of the Town
Engineer or other duly authorized representative, the applicant shall
furnish a certification from the bituminous concrete supplier providing
mix data, including aggregate source and grading, quantities of all
ingredients and critical temperatures.
E.
Test specimens. When test specimens are requested
by the Town Engineer or other duly authorized representative, the
contractor shall cut and transport the necessary sample to a laboratory
selected by the Engineer. Costs of test and reports shall be borne
entirely by the applicant.
F.
Certification of construction. When a subdivider has
completed construction of all required improvements and requests the
Town Engineer to make a final inspection, such report shall be accompanied
by three copies of as-built plans and profiles which show the actual
locations of the edges of street pavements and right-of-way lines;
the stationing and profile of the center line and both edges of pavements;
the size, location and grades or invert elevation, as appropriate,
of drainage structures; the location of any drainage easements; the
location of underground utility lines and equipment; and the location
of monuments, street signs, street trees and all other required improvements
as constructed. Such plans and profiles shall bear a dated certification
by a licensed surveyor or a professional engineer to the effect that
the data shown thereon was accurately determined by field survey.
A.
Offers of cession. All streets, parks and required
easements shall be indicated on the subdivision plat. In accordance
with § 279 of the Town Law, with respect to streets and
parks, the applicant may add a notation as part of the subdivision
plat, if the applicant so desires, to the effect that no offer of
dedication of such streets and/or parks is made to the public. A deed
to the town, in a form satisfactory to the Town Attorney, of all streets
and parks not marked with such notation on the subdivision plat shall
be filed with the Planning Board with the final application.
[Amended 1-18-1996 by L.L. No. 2-1996]
B.
Acceptance by town. Acceptance of any such offer of streets and parks shall rest with the Town Board. In the event that the applicant shall elect not to file the subdivision plat in the office of the Westchester County Clerk within the sixty-two-day period required by law or such extension thereof as may be granted by the Planning Board pursuant to § 150-14G of these regulations, then such formal offer of cession shall be deemed to be void. The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the town of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect.
[Amended 1-18-1996 by L.L. No. 2-1996]
C.
Maintenance. In those cases where no offer of cession
to the public is made for the streets, parks and required easements
shown on the plat, there shall be submitted with the plat copies of
agreements or other documents providing for and fixing responsibility
for their suitable maintenance and statements of all rights which
exist with respect to the use of such property. Such documents shall
be in a form satisfactory to the Town Attorney and shall require the
approval of the Planning Board as to the method and adequacy of maintenance.
The Planning Board may waive, upon the request
of the applicant and subject to appropriate conditions, the provision
of any or all such improvements as in its judgment of the special
circumstances of a particular plat are not requisite in the interest
of the public health, safety and general welfare or which are inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the subdivision.
