[Adopted 9-18-2012 by Ord. No. 2012-14]
A.
Every person or party proposing to construct a road or street shall submit a written letter of application for approval of the same to the Town. No separate application shall be required if the road or street is proposed as part of a proposed plat or certified survey map, but the roads and streets in plats or certified survey maps shall conform to the requirements of Chapter 440, Land Division and Subdivision, of the Code of the Town of Pacific and this article.
B.
The application shall be accompanied by a scale map prepared by a
surveyor which shows the location and design of the proposed road
or street. The application shall also specify the proposed name of
the road or street, the parties responsible for construction of the
road or street, and the anticipated schedule of construction of the
road.
C.
This article repeals and replaces any previously adopted Town ordinance
as to those matters that are provided for in this article.
Before any proposed road or street is approved, the applicant
shall enter into a development agreement with the Town wherein the
applicant agrees to construct the road or street within 18 months
from the date that the application is approved. All required improvements
in the plat shall be completed prior to occupancy of any structure
served by the road. The Town Board may allow phased construction of
streets or roads.
The Town Board shall review the proposed street or road, the
design plans, the proposed security for the improvements, and the
development agreement. The Town may require the applicant to provide
additional information necessary, in the judgment of the Town, to
properly review the application. The Town Board may approve, reject
or modify the application, and shall give the applicant due notice
of its action.
At the time the development agreement is executed, the builder
shall file a certificate of deposit, establish a project escrow account,
or provide a certified check, in such form as is acceptable to the
Board and approved by the Town Attorney, with the Town in an amount
equal to 125% of the estimated cost of the required improvements as
determined by the Town Engineer. Such deposit shall guarantee that
such improvements will be completed according to Town specifications
by the builder or its contractors not later than 18 months from the
date that the application is approved or, where staging is permitted,
that each stage will be completed by the date specified in the installation
and completion schedule. Such security shall be held by the Town and
either released or used in the manner specified in this article. The
provision of security by the applicant shall not release the applicant
from its obligations under the development agreement nor prejudice
the right of the Town to recover the full cost of completion of the
improvements if the applicant fails to complete the same.
The applicant may elect, with the approval of the Town Board,
to install the improvements in phases, provided that:
A.
The phases are specified in the development agreement for the road
or street.
B.
The applicant shall record deed restrictions reviewed by the Town
(or its designated representative) which specify that the lots included
in future construction phases shall not be conveyed, transferred or
sold unless the Town's approval is obtained.
C.
Erosion control plans and measures submitted and approved shall address
the erosion problems posed by the construction of the project in phases.
All or any part of a street, an arterial street, drainage way
or other public way which has been approved by the Town shall be dedicated
to the public by the applicant in the locations and dimensions indicated
on the plan or map approved by the Town. The Town hereby finds that
dedication of the land underlying streets or roads is a reasonable
and necessary condition for the Town's agreement, by accepting said
road or street to maintain the same for the welfare of the public.
A.
Width. All roads in the Town of Pacific shall be at least 66 feet
in width of right-of-way. Any road which was originally constructed
with less than 66 feet of right-of-way shall be widened to 66 feet
during any complete reconstruction of the road.
B.
Warranty. Every developer shall, as a condition of the Town's acceptance of a road, warrant the road to be in suitable condition, good repair and free of defects, excluding ordinary wear, for a period of two years from the date it is accepted for dedication. The security provided by the developer pursuant to § 345-44 of this article shall remain in effect until the expiration of the warranty period, at which time the Town Board would authorize the release of the project security.
A.
The arrangement, character, features and layout of land divisions
in the Town of Pacific shall be designed to comply with the standards
of this chapter, the Comprehensive Plan, the Official Map, and/or
any comprehensive utility plans or other planning documents which
may pertain to the standards of design for land divisions and which
have been adopted by the Town Board. Where no such planning documents
have been adopted, subdivisions shall be designed according to engineering
and planning standards approved by the Town Engineer and applied so
as to properly relate the proposed development with adjacent development,
the topography, natural features, public safety and convenience, and
the most advantageous development of undeveloped adjacent lands. In
the absence of a street being shown on the Official Map, streets shall
be provided in locations determined necessary by the Town Engineer
and to the appropriate widths based on the requirements of the type
of roadway.
B.
The arrangement, character, extent, width, grade and location of
all streets shall conform to Town master plans, the Official Map,
and to this article, and other Town planning documents and shall be
considered in their relation to existing and planned streets, reasonable
circulation of traffic, topographical conditions, runoff of stormwater,
public convenience and safety, and in their appropriate relation to
the proposed uses of the land to be served by such streets.
C.
The arrangement of streets in new subdivisions shall make provision
for the appropriate continuation at the same or greater width of the
existing streets in adjoining areas.
The street layout shall conform to the arrangement, width and
location indicated on any official map, land use plan or component
neighborhood development plan of the Town. In areas for which plans
have not been completed, the street layout shall recognize the functional
classification of the various types of streets and shall be developed
and located in proper relation to existing and proposed streets, to
the topography, to such natural features as streams and tree growth,
to public convenience and safety, to the proposed use of the land
to be served by such streets, and to the most advantageous development
of adjoining areas.
A.
Arterial streets shall be arranged so as to provide ready access
to centers of employment, centers of governmental activity, community
shopping areas, community recreation and points beyond the boundaries
of the community. They shall also be properly integrated with and
related to the existing and proposed system of major streets and highways
and shall be, insofar as practicable, continuous and in alignment
with existing or planned streets with which they connect.
B.
Collector streets shall be arranged so as to provide ready collection
of traffic from residential areas and conveyance of this traffic to
the major street and highway system and shall be properly related
to the mass transportation system; to special traffic generators such
as schools, churches, shopping centers and other concentrations of
population; and to the major streets into which they feed.
C.
Local streets shall be arranged to conform to the topography, to
discourage use by through traffic, to permit the design of efficient
storm and sanitary sewerage systems, and to require the minimum street
area necessary to provide safe and convenient access to abutting property.
D.
Proposed streets shall extend to the boundary lines of the tract
being subdivided unless prevented by topography or other physical
conditions or unless, in the opinion of the Town Board, such extension
is not necessary or desirable for the coordination of the layout of
the subdivision or for the advantageous development of the adjacent
tracts. Temporary turnarounds shall be required where the street ends
at the boundary of the subdivision. The road right-of-way shall continue
to the adjacent lands and connect to roads constructed on such lands
if approved by the Town Board.
E.
Arterial and highway protection. Whenever the proposed subdivision
contains or is adjacent to a major highway, adequate protection of
residential properties, limitation of access and separation of through
and local traffic shall be provided by reversed frontage, with screen
plantings contained in a nonaccess reservation along the rear property
line or by the use of frontage streets.
F.
Reserve strips controlling access to roads or highways are prohibited
except where control of such strips is placed with the Town under
conditions approved by the Town Board.
G.
Continuation. Streets shall be laid out to provide for possible continuation
wherever topographic and other physical conditions permit. The use
of culs-de-sac shall be held to a minimum and permanently dead-ended
streets shall be prohibited. Provisions shall be made so that all
proposed streets shall have a direct connection with, or be continuous
and in line with, existing, planned or platted streets with which
they are to connect. Proposed streets shall be extended to the boundary
lines of the tract to be subdivided, unless prevented by topography
or other physical conditions or unless, in the opinion of the Town
Board, such extension is not necessary or desirable for the coordination
of the layout of the subdivision with existing layout or the most
advantageous future development of adjacent tracts.
H.
Private roads. Private roads are prohibited, except as part of a
condominium development, and the Town Board shall not permit installation
of public improvements in any private road.
(1)
All private roads shall be platted as outlots. Every outlot designated
as for a private road shall have deed restrictions recorded with the
County Register of Deeds, giving enforcement powers to the Town, before
a building permit will be issued for a structure on any property served
by said private road.
(2)
The deed restriction shall require the landowners served by the private
road to provide for maintenance of the road.
(3)
If the property owners fail to fulfill their obligations, then the
deed restrictions shall give full authority to the Town to fulfill
those conditions and then assess all costs associated with said action,
including legal fees, if any, to the property owners served by the
road.
(4)
Each property served by a private road shall have deed restrictions
recorded indicating their responsibility for the private road and
outlot.
(5)
Private road construction standards and specifications. All private
roads shall be designed by a Wisconsin registered professional engineer,
registered land surveyor, or equivalent, and shall be approved by
the Town Engineer prior to construction. Private roads shall conform
to the following minimum specifications and criteria:
(a)
The minimum traveled road width shall be 22 feet for roads serving
two or more parcels.
(b)
The roadbed shall be stripped of topsoil and vegetation down
to a hard firm subgrade. A minimum of eight inches of crushed aggregate
base course shall be placed on the roadbed and compacted.
(c)
It may be permissible to provide for overland flow where the
terrain is gentle and rolling. In such instances, the existing ground
can be matched.
(d)
Where cut or fill sections are needed to provide a reasonable
profile grade line, the back slopes and fore slopes shall be constructed
to a 4:1 section.
(e)
In all drainage swales crossed by the private road, a culvert
shall be provided. Maintenance provisions shall be accounted for in
the development approval.
I.
Pedestrian pathways and bikeways. The Town Board may require pedestrian
pathways and bikeways in locations where necessary for safe and adequate
pedestrian and bicyclist circulation. This section applies to both
public and private roads.
(1)
Construction standards and specifications. All sidewalks, pedestrian
pathways and bikeways shall conform to the following minimum specifications
and criteria:
(a)
Pedestrian pathways.
[1]
A bituminous paved surface width of six feet.
[2]
A paved thickness of two inches.
[3]
A minimum of six inches of crushed aggregate base course.
[4]
Easement or outlot minimum width shall be 20 feet.
[5]
Concentrated drainage shall not cross the surface of the path.
Drainage provisions shall be incorporated into the stormwater management
plan pursuant to the requirements of the Town Engineer.
(b)
Bikeway.
[1]
A bituminous paved surface width of eight feet.
[2]
A paved thickness of two inches.
[3]
A minimum of six inches of crushed aggregate base course.
[4]
Easement or outlot minimum width shall be 20 feet.
[5]
Concentrated drainage shall not cross the surface of the path.
Drainage provisions shall be incorporated into the stormwater management
plan pursuant to the requirements of the Town Engineer.
(2)
Location. The Town Board shall determine where pedestrian pathways
and/or bikeways are required in accordance with this subsection.
J.
Visibility. Streets shall afford maximum visibility and safety for
motorist, bicyclist and pedestrian use and shall intersect at right
angles, where practicable. Stopping sight distances shall be provided
to comply with Chapter 3, "A Policy of Geometric Design of Highways
and Streets," latest edition, published by the American Association
of State Highway and Transportation Officials (AASHTO). A minimum
sight distance with clear visibility, measured along the center line,
shall be provided of at least 500 feet on major thoroughfares, 200
feet on collector-distributor streets, and 120 feet on all other streets.
At any intersection determined by the Town Engineer, restricted development
easements or additional street right-of-way shall be platted to provide
for adequate sight distances in every direction of travel. At a minimum,
the subdivider shall grade, clear or otherwise provide for an unobstructed
sight triangle at all intersections incorporating the area within
a triangle formed by the intersection of the street right-of-way lines
and a point on each right-of-way line being not less than 30 feet
from the intersection point.
K.
Tangents. A tangent at least 100 feet long shall be required between
reverse curves on arterial and collector streets. On all roads, a
tangent at least 100 feet long shall be provided between the curve
and any intersection.
L.
Vertical curves. All changes in street grades shall be connected
by vertical curves of a minimum length, in feet, equivalent to 30
times the algebraic difference in the rate of grade, unless waived
by the Town Engineer.
A.
Minimum right-of-way. The minimum right-of-way for all proposed streets
and roads shall be 66 feet or such other width as is specified by
the Town Land Use Plan, Official Map or neighborhood development study;
if no width is specified therein, the minimum widths shall be 66 feet.
B.
Cul-de-sac streets. All cul-de-sac streets shall conform to the following
standards:
(1)
Streets designed to have one end permanently closed shall not exceed
1,600 feet in length.
(2)
Except as provided in § 345-49B(3), streets which are designed to have one end permanently closed shall terminate in a circular turnaround having a minimum right-of-way diameter of 150 feet and a minimum paved diameter of 100 feet. The reverse curve on a cul-de-sac shall have a one-hundred-foot minimum radius when the bulb is centered on the street and one-hundred-foot minimum radius when the bulb is offset.
(3)
In areas zoned C-1, C-2, C-3, I-1 and I-2 or other commercial zone,
all streets which are designed to have one end permanently closed
shall terminate in a circular turnaround having a minimum right-of-way
of 175 feet and a minimum paved diameter of 120 feet.[1]
(4)
The land surrounding the bulb shall be defined as the land which
fronts on the curved portion of the bulb to and including a line drawn
perpendicular from the point where the curve of the bulb begins.
C.
Street grades and radii of curvature. Unless necessitated by exceptional
topography and subject to the approval of the Town, the street grades
and radii of curvature shall be designed in accordance with accepted
engineering practice of road design/construction and with consideration
for the number of driveways accessing the roadway and a minimum thirty-five-miles-per-hour
design speed.
D.
Drainage. Ditches shall be constructed whenever storm sewers are
not required by the Town Board.
(1)
Roadside ditches shall not exceed 10% of grade nor have less than
a one-percent grade. Roadside ditches shall be limited to local drainage
only.
(2)
Ditches shall be restored with four inches minimum topsoil, including
necessary fertilizing, seeding and mulching. Erosion control measures
must be in use during construction to protect new and existing culverts
and facilities.
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Figure of Typical Road
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E.
Surface. All roads shall have a bituminous paved surface.
F.
Width. The paved surface shall be at least 22 feet wide with three-foot-wide
aggregate shoulders and roadside ditches a minimum of two feet in
depth.
G.
Gravel base. The road shall have a gravel base at least 10 inches
in depth.
H.
Asphalt binder course. The pavement shall be laid in a binder course
of asphalt which is at least two inches in thickness.
I.
Asphalt surface course. The final course of a street serving residential
property shall be at least 1 1/2 inches thick with TAC coat to
the road base. In a commercial zone, the final course shall be two
inches thick. Prior to laying of the TAC coat on surface course, the
builder shall cause any cracks or other defects in the binder base
course to be filled and/or patched.
J.
Culverts and bridges. Roadway culverts and bridges shall be constructed
as directed by the Town Engineer and sized utilizing the methods listed
in Chapter 13, entitled "Drainage," of the Facilities Development
Manual of the Wisconsin Department of Transportation. All roadway
culverts shall be provided with concrete apron endwalls and metal
animal grates. The developer shall provide adequate facilities to
provide surface water drainage as well as free flow outlets for subsurface
drain tile where they are required. Where drainage facilities will
aid in road construction and the stabilization of the road's subgrade,
drainage facilities shall be installed before road construction is
started. Existing conditions status shall be based on a maximum SCS
curve number of 70.
K.
Stormwater management facilities. Facilities to manage stormwater runoff shall be incorporated in street designs. See Chapter 467, Stormwater Management, of the Code of the Town of Pacific for details.
L.
Erosion control facilities. Facilities to control erosion shall be incorporated in street designs. See Chapter 429, Erosion Control, of the Code of the Town of Pacific for details.
M.
Turf areas. All areas which are disturbed in the course of construction
shall be fertilized, seeded and mulched. The Town may require sodding
of surfaces which have a slope of more that 2:1 or are otherwise susceptible
to erosion.
N.
Inspection. The work for road construction shall be inspected by
the Town as described in this subsection. The Town shall inspect the
road when subgrade is prepared; after the aggregate base course is
installed but before the binder course is laid; after the binder course
has been laid; before top course is laid; and after completion of
the entire road. The builder shall reimburse the Town for all fees
incurred by the Town to perform these inspections.
O.
Road dedication. Upon approval by the Town of the completed road,
the builder shall dedicate, by appropriate deed, a sixty-six-foot
side strip of real estate whose central line is the newly constructed
road.
The builder shall be responsible for the initial cost of the
street/road signs for new roads. The Town will order and install the
signs after construction of the subdivision roads. The builder will
be billed for the cost and installation. The builder will also be
responsible for payment of any signing fees imposed on the Town by
the County or other authority. Payment will be required prior to issuing
any building permits. This includes signage for bikeways and pedestrian
pathways.
All underground utility work completed within the Town of Pacific
to install, extend, repair or replace shall conform to the following
standards:
A.
Restoration. Disturbed vegetated areas shall be compacted and restored
to predisturbance condition. This includes but is not limited to open
trenching, boring and plowing. Restored areas shall transition to
the surrounding area and not leave a mound or recessed area. Excess
material shall be removed or suitable fill imported to ensure the
transition to the surrounding area. All restoration shall result in
an equal to or better than predisturbance condition.
B.
Protecting vegetation. Trees, shrubs and other vegetation shall be
protected to prevent excessive damage.
C.
Excavation. Trenches shall be sufficiently wide to enable installation
and allow for inspection. No more than 100 feet of trench may be open
at a time.
D.
Backfilling. Trenches shall be backfilled with suitable fill material
and compacted in continuous layers not exceeding eight inches' compacted
thickness. Compact each layer to a density in accordance with ASTM
D1557.
E.
Roads. Roads shall be maintained in a drivable condition as accepted
by the Town, county or state. Notices shall be provided to adjoining
property owners and the Town a minimum of 48 hours prior to traffic
disturbance or road closures.
F.
Inspection. The Town, or its authorized representative, may inspect
underground utility work and restoration. All work not completed in
conformance with Town standards shall be repaired immediately at no
cost to the Town of Pacific.
The builder shall be responsible for the cost of as-built survey,
plan generation and Town review pursuant to this article and recommendations
of the Town Engineer. The survey shall be conducted by an independent
registered land surveyor (RLS) or registered professional engineer
(RPE) and shall be subject to approval by the Town Engineer.
Where, in the judgment of the Town Board, it would be inappropriate
to apply the provisions of this article to a proposed street or road
because extraordinary or undue hardship resulting from the characteristics
of the land would result, the Town Board may waive or modify any requirement
of this article, but only to the extent a waiver is found to be just
and proper. The Town Board shall grant such relief only where it will
not be detrimental to the public good, impair the intent and purpose
of this article or impair the desirable general development of the
community in accordance with the land use plan. Any applicant who
requests a waiver of a provision of this article shall make a written
application for a waiver and file the application with the Town Clerk.
The Town Board shall hold a public hearing on the application not
less than 10 days nor more than 45 days after the date on which the
request is filed. The Town Clerk shall mail a notice of the hearing
to all adjacent landowners and to the County Highway Department. The
waiver application shall state the basis for the application and the
specific hardship which is claimed to exist. Any waiver, exception
or variance which is granted pursuant to this section shall be made
in writing, shall state the reasons which justified it, and shall
be filed with the Town Clerk.
A.
Plans and specifications. Prior to commencing construction of any
required improvement, the applicant shall prepare construction plans
and specifications and submit them to the Town Engineer or designee
for review and approval. The Town Engineer may require the submission
of the following plans and accompanying construction specifications
before authorizing construction or installation of the improvements:
(1)
Street plans and profiles showing existing and proposed grades, elevations
and cross sections of required improvements.
(2)
Stormwater and surface water drainage plans.
(3)
Such additional plans or information as may be required by the Town
Engineer.
(4)
Plans and specification for all utilities and underground facilities.
B.
Private contracts. The builder shall engage one general contractor
whose qualifications have been approved by the Board for each major
phase of construction (grading, utilities, streets) or one general
contractor for a contract which includes more than one phase of construction.
C.
Scheduling. All scheduling of the contemplated improvements shall
be approved by the Town Engineer. Construction may not be commenced
on any phase of construction until all approvals and conditional requirements
are satisfied and a copy of the private contract has been filed with
and approved by the Board. Construction shall not proceed until all
State of Wisconsin approvals are granted.
D.
Street grading. The builder shall furnish standard drawings which
indicate the existing and proposed grades of streets shown on the
plan, and after review of design engineering work on the streets by
the Town Engineer and approval of street grades by the Board, the
applicant shall grade or cause to be graded the full width of the
right-of-way of the streets proposed to be dedicated, including the
vision clearance triangle on corner lots. In those cases where existing
street right-of-way is made a part of the applicant's plan or abuts
the area included in the plan, he/she shall grade or cause to be graded
that portion of the right-of-way between the existing pavement and
the property line. The bed for the roadways in the street right-of-way
shall be graded to subgrade elevation. The Town Engineer shall inspect
the proposed street before grading and approve all grading within
the right-of-way. The street grading shall extend for a sufficient
distance beyond the right-of-way to ensure that the established grade
will be preserved. The grading of rights-of-way for principal and
primary arterials shall only be required where necessary to provide
access to the streets or lots in the plan. Lots which abut principal
and primary arterials shall be graded to proposed street grade or
to a grade approved by the Town Engineer prior to the sale of affected
properties.
E.
Grades and drainage. The builder shall engage a licensed professional
engineer to set subbase grade in accordance with approved center-line
grade and cross section and to set grades necessary to comply with
other grading requirements, including vision clearance on corner lots,
center-line and lot-line grades for green ways, terrace grading for
abutting streets and other required grades. The grading program shall
consist of the following elements:
(1)
The stripping and removal of all topsoil, debris and vegetation within
the street right-of-way.
(2)
Grading of full street right-of-way to a tolerance of zero to 0.2
feet below proposed center-line grade. Fill sections shall be constructed
of approved materials, which do not include topsoil, debris, vegetation,
etc.
(3)
Grading beyond right-of-way to ensure that the established grade
will be preserved.
(4)
Grading of vision clearance triangle on corner lots (maximum embankment
of three feet above curb elevation within a triangle formed by two
intersection street line or their projections and a line joining points
on such street lines located 25 feet from the street intersection).
(5)
Where the public green way is included in the project, the builder
is responsible for an acceptable continuous drainage way in the green
way, as determined by the Town Engineer.
(6)
All additional grading, where applicable, of lots abutting green
ways, terraces of streets abutting plat, public easements for sanitary
sewer and sidewalk, and other requirements of ordinances and special
conditions of plat approval. There shall be a plan for disposal of
any surplus soil, brush, logs, boulders or stones.
(7)
Where a natural drainage way exists which has acceptable hydraulic
capacities, including alignment and grade as determined by the Town
Engineer, construction will not be required, and the existing natural
growth shall be preserved. When such natural growth is not preserved
by action of the applicant or his/her agent, he/she shall be responsible
for repairing the disturbed areas by sodding. However, in certain
locations, as determined by the Town Engineer, where the hydraulic
capacities including alignment and grade are not acceptable, then
such alignment, grade and slopes shall be improved by the applicant
to the interim minimum requirements of a ten-foot-wide ditch bottom
with four-to-one side slopes, all to be seeded.
F.
Pipes, culverts. The builder shall install permanent pipes or culverts
at a grade designated by the Town Engineer under all streets crossing
a green way or drainage way. Said installation shall be in accordance
with the Standard Specifications for Road and Bridge Construction
of the Department of Transportation of the State of Wisconsin. All
costs of the installation shall be the responsibility of the applicant.
The permanent pipe or culvert shall not be installed prior to the
installation of a street crossing a green way unless done pursuant
to written agreement between the Engineer and the applicant. Culverts
required across intersections for temporary street drainage shall
be furnished and installed by the builder at his expense. All temporary
culverts installed by the builder shall be completely removed when
the streets are constructed to standards and the area restored to
as near to original condition as possible, as determined by the Town
Engineer. All ditching and culvert installation shall be done in strict
accordance with grades approved by the Engineer. The applicant's engineer
shall be responsible for setting all required grades in the field
for construction purposes.
G.
Driveway culverts. The builder shall designate all driveway culvert
sizes and types in the design plans and specifications. If accompanied
by a final plat or CSM, such culvert designations shall be noted on
the face of the plat or CSM.
H.
Street construction. After completion of the underground utilities
and approval thereof, the streets shall be constructed.
I.
Change orders. When extra work not specified in the contract is required
to complete the project, the Town will notify the builder or his/her
engineering representative. No extra work shall proceed until the
builder or his/her representative has entered into a written agreement
for the additional work and has received Town approval on that work.
J.
Erosion control. The applicant shall take all steps necessary to
prevent the erosion, siltation, sedimentation, washing and blowing
of dirt and debris caused by grading, excavations, open cuts, side
slopes, and other activities by the applicant or his/her contractors.
Reasonable methods of control shall include, but not be limited to,
seeding and mulching, sodding, berm construction, pond construction,
and watering. In such cases where the method of control has failed,
the builder shall clean up the materials which have been displaced
prior to construction of additional improvements. Plans for erosion
control shall be submitted to the Town Engineer for review and approval
before any land surface disturbances are made. The Engineer's decision
may be appealed to the Board.
K.
Floodplain and shoreland areas. All provisions of Columbia County
ordinances relating to floodplain and shoreland zoning are incorporated
herein and adopted by reference.
L.
Inspection. Prior to commencing any work within the subdivision,
the applicant shall make arrangements with the Town Engineer to provide
for adequate inspection. The Town Engineer shall inspect and approve
all completed work prior to acceptance of the road or any release
of the securities deposited pursuant to this article.
M.
As-built record drawings. Subsequent to construction, the entire
infrastructure improvements shall be surveyed and a map (or series
of maps) shall be generated to create a record plan set for the project.
If a project is under phased construction, each individual phase shall
be as-built immediately subsequent to its respective construction
completion. The following information shall be delivered through this
process:
(1)
Street grades (center line, edge of pavement, edge of shoulder).
(2)
Roadside ditch grades (bottom of ditch, top of bank at ROW, top of
bank beyond ROW, toe of slope if no ditch exists, longitudinal slope)
shall be provided).
(3)
Culverts (inverts on each end; verify size and type).
(4)
Pipes (inlet inverts, manhole inverts, manhole rims, outlet inverts;
verify size, type and grade).
(5)
Permanent erosion control facilities pursuant to requirements by
the Town Engineer.
(6)
Stormwater management facilities pursuant to requirements by the
Town Engineer.
(7)
Outlots and easements pursuant to requirements by the Town Engineer.
(8)
Stockpiles, retaining walls, subdivision signs and other special
features/structures pursuant to requirements by the Town Engineer.
(9)
The Town Engineer shall approve the density of topographic survey
data obtained for all features to be verified for as-built map generation
purposes.
After the builder has installed all required improvements, he/she
shall notify the Town Engineer in writing that the work is complete
and ready for final inspection. The Town Engineer shall inspect the
improvements and forward a letter to the builder and the Board indicating
his/her approval or disapproval. When the improvements have been approved
by the Town Engineer, the Clerk will prepare a final billing for engineering,
inspection and legal fees and submit it to the applicant for payment.
A.
Lien waivers, affidavits. The builder and all general contractors
shall file lien waivers or affidavits, in a form acceptable to the
Town and approved by the Town Attorney, evidencing that there are
no claims, actions or demands for damages based upon contract or tort
arising out of or in any way related to the project and that no monies
are owed to any surveyor, mechanic, subcontractor, materialman or
laborer.
B.
Resolution. When the engineering, inspection and legal fees have
been paid and when the necessary lien waivers and affidavits have
been filed, a resolution accepting the project will be prepared and
presented to the Town Board.
C.
Security release. The security furnished pursuant to § 345-44 of this article shall remain in full force for a period of two years after the completion of the project and acceptance by the Board, unless partially released as hereinafter provided. The security shall be held to guarantee the work performed pursuant to private contracts against defects in workmanship and materials. If any defect appears during the period of the guarantee, the applicant or its contractor shall, at its expense, install replacements or perform acceptable repairs. In the event that the applicant fails to install the replacement or perform the repairs, the Town may do so and deduct the cost thereof from the security deposit. Unless defects have appeared and have not been repaired, the Town shall release the security to the applicant upon expiration of the two-year guarantee period.
D.
Building permits. No residential lot served by the road may be occupied
until the binder course provided for in this article has been installed
and approved by the Town. The Town shall not issue any building permit
for any structure served by the road until the road binder course
has been completed and approved.
A.
Builder to pay review fees. The builder shall pay all engineering,
inspections, consulting and legal fees incurred by the Town for services
performed by or on behalf of the Town in conjunction with the design,
inspection and review of any application for approval of a road, with
the drafting of legal documents, and with such inspections as the
Town Engineer deems necessary to assure that the construction of the
required improvements is in compliance with the plans, specifications
and ordinances of the Town or any other governmental authority. Consulting,
engineering, inspection and legal fees shall be the actual costs to
the Town on the basis of submitted invoices, plus appropriate Town
meeting costs.
B.
Escrow required. To guarantee payment of the engineering, inspection
and attorney's fees, the applicant shall deposit funds in an escrow
account held by the Town. The amount of funds held in escrow is subject
to Town approval. Periodic charges incurred by the Town in connection
to the builder's development/improvement will be charged against this
account. If the account needs to be replenished, the Town shall promptly
notify the builder, who shall provide for such additional funds into
the escrow account. If there are funds at the end of the project and
no additional work is incurred upon the Town, any additional funds
in the account shall be promptly refunded.
C.
Failure to pay. A builder's failure to pay the Town's costs incurred
towards the improvement project shall constitute a violation of this
article (among possibly other ordinances). All work in progress by
the Town Engineer, Attorney or other consultant shall be put on hold
until such fees are paid or otherwise provided by the escrow account.[1]
