Whenever the particular circumstances of a proposed
development require compliance with either another procedure of this
chapter, the requirements for subdivision of land as set forth in
this chapter, the requirements for site plan review and approval as
set forth in this chapter or the requirements of the State Environmental
Quality Review Act (SEQRA)[1] or any other applicable law, rule or regulation, the Board
may integrate, if it deems appropriate and to the extent of its authority
under law, subdivision of land approval or site plan review and approval,
as required by this chapter, with the procedural and/or submission
requirements for such other compliance. Such integration of procedures
may require, upon mutual written consent of the Board and the applicant,
reasonable modification of the time schedules otherwise stated in
this chapter or in said related laws or regulations or requirements.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
At least five days prior to commencing construction, a preconstruction meeting shall be held in the Code Enforcement Officer's office to review construction procedures. The subdivider and/or site plan applicant at the preconstruction meeting shall submit the required inspection fee as set forth in Article VII of this chapter in the form of a certified check payable to the Town of Walworth. The subdivider or applicant, his or her professional engineer or land surveyor and appropriate Town officials and department heads shall attend this meeting.
The engineer for the Town, during construction
of any improvement, shall have the right to make minor modifications
pertaining to the location or design of any required improvements,
provided that the modifications are within the intent of the Board's
approval and do not constitute a substantial alteration of any improvements
required by the Board. The engineer for the Town shall issue any authorization
under this section in writing and shall transmit a copy of the authorization
to the Chairman of the Board.
The engineer for the Town and Code Enforcement
Officer shall inspect construction and testing of improvements to
be dedicated and other site improvements during and after construction
so that the certification prior to dedication and a certificate of
approval can be issued after satisfactory completion. The Town Board
shall have a right to employ personnel to effect proper inspection
of improvements during construction and testing who shall work under
the supervision of the engineer for the Town or Code Enforcement Officer.
All notifications and instructions from Town officials shall be in
writing to the subdivider or applicant with copies to the Town Board
and Board. The engineer for the Town shall issue the certificate of
approval after the satisfactory completion of the improvements as
provided in this chapter.
Unsatisfactory work shall be corrected by the
subdivider and/or site plan applicant promptly. Upon the subdivider
and/or site plan applicant's failure to do so, the Town Board may
authorize correction or completion by others under the performance
security. All unsatisfactory work on improvements to be dedicated
to the Town shall be corrected prior to the expiration of the performance
security, and any other unsatisfactory work shall be corrected prior
to issuance of a certificate of approval. A certificate of approval
shall not be issued as long as any work remains unsatisfactory.
A.
All improvements and facilities shall be constructed
and tested in accordance with the approved final plat and/or site
plan and construction specifications. Prior to the acceptance by the
Town Board of an offer of dedication, the engineer for the Town shall
certify to the Town Board that improvements and facilities offered
to be dedicated have been substantially completed in accordance with
the approved final plat and/or site plan and Town Construction Specifications
and Design Standards.[1]
B.
Prior to dedication, the subdivider's or applicant's
professional engineer or land surveyor shall prepare and submit one
set of prints of as-built final plans to the engineer for the Town
for approval. Such record drawing shall clearly show the horizontal
and vertical location, as constructed, of all underground facilities.
Such record drawing shall be clearly identified and certified by the
subdivider and/or site plan applicant's professional engineer or land
surveyor. Upon approval by the engineer for the Town, four sets of
as-built plans, one reproducible, shall be submitted to the engineer
for the Town to be distributed to Town officials.
C.
A formal offer of dedication of facilities and improvements,
when made, shall be submitted by the subdivider and/or site plan applicant
and shall include the following:
[Amended 5-20-1999 by L.L. No. 2-1999]
(1)
A deed containing a metes and bounds description of
the street right-of-way to be conveyed in a form to be approved by
the attorney for the Town.
(2)
Permanent easements shall contain a metes and bounds
description of the parcel or parcels being granted and shall set forth
the rights and conditions for laying, constructing, operating, maintaining,
altering, repairing, replacing, inspecting or changing the size of
any improvement dedicated to the Town, and said easements shall contain
language and be in a form approved by the attorney for the Town.
(3)
Release of any obligation being an encumbrance or
lien on the interest in the facilities and improvements offered to
the Town.
(4)
A written certification by the subdivider's attorney
certifying that the title to the premises conveyed is of good and
marketable title and that there are no liens or other encumbrances
effecting the premises offered to the Town, and if the subdivider
does not have an attorney, he/she shall provide the Town with a redated
abstract of title showing the premises offered to be conveyed to the
Town is of good and marketable title and there are no liens or other
encumbrances effecting the premises offered to the Town. In the event
that the subdivider does not have an attorney, then in that event
the subdivider is to reimburse the Town for attorney fees charged
to the Town by the attorney for the Town reviewing the abstract of
title.
D.
No certificate of occupancy shall be issued by the
Building Inspector allowing the occupancy of a structure whose building
permit was issued pursuant to an approved final plat and/or site plan
wherein a formal dedication of facilities and improvements, including
roads and easements, was offered to the Town unless or until the deed(s)
and/or easement(s) have been recorded in the Wayne County Clerk's
office or until the expiration of five days subsequent to the Town
Board accepting the offer of dedication of the facilities and improvements,
whichever event occurs first.
[Added 6-16-2005 by L.L. No. 3-2005]
The Town Board shall establish, by resolution after a public hearing, Town Construction Specifications, which may be amended from time to time by resolution of the Town Board after public hearing. Notice of any public hearing held to establish or amend the Construction Specifications shall be advertised at least once in the official Town newspaper at least five days before such hearing. The Construction Specifications shall be on file in the office of the Town Clerk for examination during regular business hours. See Article VI, Design Standards, for the Design Standards.
Setting up street right-of-way final monuments
and property corner markers shall be set either before or after dedication
but not before site grading has been completed. If setting monuments
and property markers is delayed until after dedication, the cost of
providing such monuments and markers shall be included in the labor
payment, material payment, operations and maintenance security.
