The purpose of this article is to establish
a definite policy in the acceptance of land for right-of-way and highway
properties according to the rules, regulations and specifications
set forth within this article governing the plans and construction
of highways in the Town of Wales.
No construction shall be commenced without a
construction permit.
A.
Application for a construction permit shall be made
to the Town of Wales Highway Superintendent, accompanied by two complete
sets of design plans and specifications.
B.
Said plans shall contain accurate descriptions of
the parcel of land proposed or offered for dedication as a highway
right-of-way, completely and accurately plotted and described by bounds
on a survey which shall bear the seal of a licensed land surveyor
or licensed engineer, showing the exact location of such parcel of
land with respect to the property lines of the property of which such
parcel may be a part and giving the dimensions of length, width and
area.
C.
Suitable, permanent and accurate monuments shall be
erected at all corners of such parcel of land and as many more as
are determined necessary by the Town Superintendent of Highways, which
lines satisfactorily reflect the bounds of such parcel of land.
D.
Any construction work which is done without the required
permit and which is in conflict with the requirements of the Town
Board and its legislation and not in conformance with approved plan
specifications shall be removed or changed to meet these requirements
at the expense of the owner.
E.
The petitioner shall provide the Town Superintendent
of Highways, prior to any highway construction, with the results of
percolation tests conducted by a licensed engineer or surveyor at
intervals of 50 feet within the highway right-of-way to be constructed.
Additional percolation tests may be ordered within the right-of-way
by the Town Superintendent of Highways to adequately determine subsoil
conditions.
F.
The owner must also submit a time schedule for the
work in accordance with the requirements of these specifications.
G.
The rights-of-way for highway purposes shall have
a minimum width of 66 feet for their entire length and shall intersect
at an angle of not less than 75°. There shall be no dead-end roads
with turnarounds or culs-de-sac unless a reserve of a sixty-six-foot
wide right-of-way is provided for future extension of a Town highway
to an adjacent property. Offsets, irregularities and short curves
in the right-of-way limits can be sufficient cause for the Town Board
to refuse issuance of a construction permit.
Highways in the Town of Wales shall be constructed
in accordance with the specifications adopted by the Town Board from
time to time. Said specifications setting forth the standard details
for highway construction shall be on file in the office of the Town
Clerk and shall be available for developers.
A.
No provision of this article shall be construed to
diminish the authority of the Town Superintendent of Highways, whose
decisions shall be final in the interpretation of the requirements,
rules, regulations and specifications.
B.
The Town of Wales Superintendent of Highways and the
Town Board shall determine whether the proposed Town road has been
constructed or completed in accordance with these regulations. Their
discretion shall be complete and unfettered.
A.
All work performed by the contractor will carry a
two-year guaranty. The guaranty period will commence at the date of
the written final approval.
B.
Any proposed Town highway shall be built and accepted
or bonded to 100% of the total estimated cost, as established by the
Town of Wales Town Board and the Town of Wales Superintendent of Highways,
prior to the sale of any lots. All bonds shall be in a form acceptable
to the Wales Town Board. Bonds will be held by the Town Board until
notified that all construction costs for the road have been satisfied.
A.
If improvements are to be installed or constructed
upon real property to which the Town of Wales has title or will acquire
title thereto, the holder of the public improvement permit, before
commencing any work in connection therewith, shall submit to the Town
Clerk of the Town of Wales one of the following forms of security
for approval by the Town of Wales:
(1)
Bond.
(a)
A bond shall be executed by a solvent surety
corporation as surety authorized to do business in the State of New
York, in a sum equal to 20% of the cost of the work to be performed,
as determined by the Town Engineer, which bond shall be approved by
the Town of Wales, guaranteeing faithful performance of all work in
accordance with the specifications and requirements of the Town of
Wales.
(b)
Such bond shall remain in full force and effect
until the certificate of completion and satisfactory compliance with
this section shall have been issued by the Town of Wales.
(c)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the above-described bond shall be
forfeited to the Town of Wales.
(2)
Irrevocable letter of credit.
(a)
An irrevocable letter of credit shall be supplied
by a bank authorized to do business in the State of New York in a
form acceptable to the Town of Wales and in a sum equal to 20% of
the cost of the work to be performed, as determined by the Town Engineer,
guaranteeing faithful performance of all work in accordance with the
specifications and requirements of the Town of Wales.
(b)
Such letter of credit shall remain in full force
and effect until the certificate of completion and satisfactory compliance
with this section shall have been issued by the Town of Wales.
(c)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this article, the above-described letter of credit
shall be forfeited to the Town of Wales.
(3)
Cash deposit.
(a)
A cash deposit in the amount of 20% of the cost
of such public improvement, as determined by the Town Engineer, shall
be placed on deposit with the Town of Wales.
(b)
Such deposit shall remain in full force and
effect until the certificate of completion and satisfactory compliance
with this section shall have been issued by the Town of Wales.
(c)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the cash deposit hereinbefore referenced
shall be forfeited to the Town of Wales.
C.
Separate security for sidewalk and streetlighting.
A separate agreement between the applicant for a public improvement
permit and the Town of Wales shall provide for security in the construction
and maintenance of sidewalk and streetlighting public improvements.
D.
The Town of Wales shall have the final approval over
the form of any security device for use by applicants for public improvement
permits.
A.
In the interest of protecting public improvements
from any and all defects in material or workmanship or to provide
for the cost of repair and/or replacement of such improvements, the
Town has determined that a maintenance bond, irrevocable letter of
credit or cash deposit shall be filed by all applicants for public
improvement permits.
B.
Applicants for public improvement permits for public
improvements which are to be installed or constructed upon real property
to which the Town of Wales has acquired or will acquire title thereto
shall provide or cause to be provided and submitted to the Town Clerk,
prior to acceptance of such public improvement, one of the following
forms of security for approval by the Town of Wales.
(1)
Bond.
(a)
A maintenance bond shall be executed by a solvent
surety corporation as surety authorized to do business in the State
of New York, in a sum equal to 50% of the cost of such public improvement.
Such bond shall remain in full force and effect for a period of two
years from the acceptance of said public improvement by the Town Board
of the Town of Wales.
(b)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the above-described bond shall be
forfeited to the Town of Wales.
(2)
Irrevocable letter of credit.
(a)
An irrevocable letter of credit shall be supplied
by a bank authorized to do business in the State of New York, in a
form acceptable to the Town of Wales and in a sum equal to 50% of
the cost of such public improvement. Such letter of credit is to remain
in full force and effect for a period of two years from the acceptance
of said public improvement by the Town Board of the Town of Wales.
(b)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the above-described letter of credit
shall be forfeited to the Town of Wales.
(3)
Cash deposit.
(a)
A cash deposit, in an amount equal to 50% of
the cost of such public improvement, shall be placed on deposit with
the Town of Wales. Such cash deposit shall remain on deposit with
the Town of Wales for a period of two years from the acceptance of
said public improvement by the Town Board of the Town of Wales.
(b)
Failure to comply; forfeiture. In the event
that the holder of such permit shall fail or refuse to comply with
the provisions of this section, the above-described cash deposit shall
be forfeited to the Town of Wales.
(4)
Other acceptable security in the discretion of the
Town Board.
D.
The Town of Wales shall have final approval over the
form of any security device for use by applicants for public improvement
permits.
The holder of a permit shall comply with all
the ordinances of the Town of Wales and all laws of the State of New
York, now in force or hereafter adopted, applicable to the work to
be performed thereunder.
Compliance with the provisions of this article
shall be a condition precedent to the acceptance of any street, highway
or other public improvement by the Town of Wales for the purpose of
maintenance.
