A.
Before any road permit is issued, a performance guaranty must be
provided for all improvements required by this chapter, including
without limitation any underground utilities not already secured by
the owner to a recognized public utility, sanitary sewers and water
supply systems to be installed and, where the road is to be constructed
in a subdivision for which approval is being or has been sought from
the Commission, any improvement required by said Commission. Where
such approval is being sought, the same performance guaranty may be
used to satisfy the requirements of both this chapter and the subdivision
regulations.
B.
Such performance guaranty shall assure to the Town the installation
and completion of the road and other improvements in accordance with
the specifications contained in this chapter before an agreed date
not to exceed two years, unless otherwise extended by the Town Engineer
and/or the First Selectman on recommendation by the Town Engineer
or the First Selectman's agent, and shall also assure that said
road and other improvements still meet the specifications of this
chapter on the date the owner seeks acceptance pursuant to § 271-44C
hereof. The aforesaid agreed date for the completion of the road and
other improvements may be extended by the Board of Selectmen to a
later specific date, provided, in the case of a letter of credit securing
the performance guaranty, said letter of credit has been amended prior
to its original expiration date to cover the period of said extension.
C.
The performance guaranty shall consist of a certified check or a
letter of credit. Said letter of credit shall be in a form satisfactory
to the Town Attorney and issued by a recognized financial institution
doing business in the State of Connecticut.
D.
The amount of the guaranty shall be equal to 100% of the cost of
roads and improvements. The cost of roads, bridges and drainage structures
shall be estimated by the professional engineer of the applicant for
a road permit. Estimates shall be prepared in detail for all phases
of the work. Where there is a difference between the professional
opinions of the engineer of the applicant for a road permit and the
Town Engineer as to the cost estimate, the opinion of the Town Engineer
shall control.
F.
Where a certified check is utilized as the performance guaranty, said check shall be deposited by the Financial Director of the Town in an account separate from accounts containing funds of the Town. The proceeds of said account shall be returned to the owner only in accordance with § 185-44C hereof. When a default has occurred and the Town becomes entitled to payment as set forth in § 185-43D hereof, the Financial Director shall transfer the amount required to the general funds of the Town and give written notice of said transfer to the owner. In the case of a certified check, the Financial Director may, in his sole discretion, invest the funds in a savings or income-producing account. To the extent that income is earned, it shall belong to the owner and shall be payable to him when the performance guaranty is entirely released or fully paid to the Town, or earlier at the convenience of the Financial Director.
A.
All documents required to be submitted by an applicant for a road permit (see §§ 185-12B, 185-13, 185-14 and 185-40) shall be submitted to the Commission. Copies of the documents shall be referred to the First Selectman and the Town Engineer for review. After review of the documents referred by the Commission, the First Selectman and the Town Engineer shall transmit their suggestions and recommendations to the Commission as to whether or not, or in what respect, the proposed road conforms to the provisions of this chapter. Thereafter, the Commission shall act upon the subdivision application; and where said Commission determines to issue a road permit, it shall direct the First Selectman to do so upon payment of the fee set forth in Subsection B.
B.
The applicant shall pay a road permit fee, which shall be 1% of the
amount of the performance guaranty. The applicant shall file his mailing
address with the First Selectman. Any written notice shall be deemed
sufficient if it is sent, postage prepaid, to the owner at said address.
Said 1% may be used to offset and defray the cost of inspections required
hereunder.
C.
The road permit shall evidence the agreement by the owner thereof
to abide by all the terms of this chapter and shall grant him the
right to construct the roadways for which the permit was granted in
accordance with the approved documents.
A.
The road shall be inspected at such intervals as shall be determined
by the Town Engineer and/or First Selectman's agent. The Town
Engineer and the First Selectman's agent shall jointly develop
regulations as to the stages at which the road shall be inspected
and the procedures for said inspection.
B.
Any work being performed subject to the provisions of this chapter
may be halted by the First Selectman, his agent or the Town Engineer
if, at any time, he shall find that said work does not comply with
the provision of this chapter. In case it becomes necessary to halt
such work, the First Selectman shall notify, the owner in writing
by certified mail, return receipt requested. Said writing shall briefly
set forth the manner in which the work fails to comply with this chapter.
Construction shall not be recommenced until compliance with the provisions
of this chapter is accomplished. Should the owner desire to close
down the project for a length of time exceeding one week, due to weather
conditions or other unforeseen circumstances, the First Selectman
shall be notified in writing by certified mail, return receipt requested,
of the close-down date. When the project is reopened, the First Selectman
shall be notified at least three days in advance of the proposed starting
date.
A.
Default.
(1)
The owner shall be deemed to be in default on the performance guaranty:
(2)
When default occurs and the owner fails, refuses or is unable to
end said default, then the First Selectman shall notify the owner
of the default. Such notice shall generally describe the nature of
the work which is required to be done.
B.
The First Selectman may cause said work to be done at any time after giving notice of the default to the owner pursuant to Subsection A. Said work shall be done by independent contractors. The cost for the performing of said work shall be paid for out of the performance guaranty. The Financial Director shall be directed to withdraw said funds from the accounts established or the First Selectman shall call the letter of credit and deduct said amounts from the proceeds thereof.
C.
For purposes of completing said work following default, contractors
hired by the Town may enter upon the property of the owner even though
said proposed street is not a Town highway, and application for a
road permit under this chapter shall constitute specific and irrevocable
agreement to this provision by the owner, his successors, assigns
and personal representatives.
D.
Where the road permit was not sought as part of a subdivision application,
the First Selectman shall, immediately after default, close and physically
block said road pursuant to the General Statutes and shall only cause
the work to be completed if the Board of Selectmen votes to lay out
the proposed street as a Town highway or if the proposed street is
shown as a proposed street on a preexisting subdivision plan which
is still an effective subdivision plan under the Zoning Regulations
and Land Subdivision Regulations then in effect in the Town of Newtown.[1]
A.
Release during construction. (Note: The Subdivision Regulations do
not permit partial releases.[1]
(1)
When the drainage, utilities, foundation course, first course of
pavement, curbing, sidewalks (if applicable) and shoulder slopes have
been completely installed according to this chapter and so certified
by the owner's professional engineer, and inspected by the Town
Engineer and/or First Selectman's agent, and upon recommendation
by the Commission, the Board of Selectmen may, upon written request
signed by the owner, release up to 70% of the performance guaranty.
(2)
When the final wearing surface and all other final construction requirements
have been completely installed and so certified by the owner's
professional engineer and inspected by the Town Engineer and/or the
First Selectman's agent, and upon recommendation by the Commission,
the Board of Selectmen may, upon written request signed by the owner,
release up to an additional 20% of the performance guaranty.
(3)
No part of any performance guaranty shall be released unless there
are sufficient funds remaining to cover the cost of the remainder
of the improvements covered by said guaranty.
B.
Release upon completion. The performance guaranty shall not be wholly released following completion of the road until all of the provisions of Chapter 560, Subdivision of Land, § 560-14, have been complied with, and until the road or roads have been legally accepted as Town highways by the Town, and the maintenance guaranty required by § 185-45 has been provided. Application for acceptance of portions of the total road may be made upon completion of such portions. If any such portion is accepted as a Town highway, a pro rata reduction of the performance guaranty based on the number of linear feet accepted will be allowed, except that where the First Selectman finds that the cost of completing the remainder of the road and other improvements is not proportionate to the linear footage, he may release the balance obtained by subtracting the Town Engineer's cost estimate of the work to be completed from the original total amount of the performance guaranty.
C.
Release of all or any portion of a performance guaranty shall be
in writing, signed by a majority of Board of Selectmen, state the
amount of the performance guaranty being released, and mailed to the
owner.
A.
The owner shall keep and maintain the work in good repair for a period of one year from the date of final acceptance by the Town. Prior to final acceptance of the road by the Town, the owner shall file with the First Selectman a maintenance guaranty, which shall consist of a certified check or a letter of credit. In the event a letter of credit is utilized, said letter of credit shall be in a form satisfactory to the Town Attorney and issued by a recognized financial institution doing business in the State of Connecticut. Said maintenance guaranty shall be in the amount of 10% of the original face amount of the performance guaranty. Said maintenance guaranty shall be held by the Financial Director on the same terms and conditions as the performance guaranty is held as set forth in § 185-40F hereof.
B.
The maintenance guaranty shall assure to the Town that the road and
other improvements shall remain in a state of good repair under normal
usage for a period of one year from the date of acceptance as a Town
highway.
C.
The owner shall, when notified by the First Selectman, promptly and
at his own expense repair all failures in the construction and operation
of the drains, pipes, mains, conduits, curbs, gutters, sidewalks,
road surfacing, land turfing or any other structures or improvements
constructed by said owner occurring from normal usage during said
one-year period.
D.
Notice of such failures shall be in writing, sent at any time during
said year or within 30 days thereafter, shall generally describe the
repairs needed and shall state a reasonable time within which such
work shall be completed. Danger to persons and property resulting
from said failures shall be considered in determining the reasonableness
of the period within which the repair is to be accomplished.
E.
The owner's failure, refusal or inability to complete said repair
within the time required shall constitute a default of the maintenance
guaranty.
F.
Upon default, the First Selectman may cause said work to be done
and the Board of Selectmen may authorize whatever collection procedures
are necessary, including the institution of suit, to recover the reasonable
value of said work for the Town.
