A.
General. Whenever a completed road is intended to be offered for
acceptance by the Town, a written request for acceptance, including
supporting and supplemental information required in this section,
shall be submitted to the Land Use Department, who shall forward such
information to the Board of Selectmen and the Director of Public Works,
Town Engineer and Town Attorney for review. The land use staff shall
notify the person(s) making the request of any comments requiring
revisions to the supporting and supplemental information and any outstanding
maintenance bills due to the Town. Upon receipt and confirmation that
all required revisions have been made, and outstanding bills paid,
the Land Use Administrator shall forward the written request and supporting
and supplemental information, along with recommendations from the
Director of Public Works, Town Engineer and Town Attorney, to the
Commission. The Commission, after review of all information, shall
make a recommendation to the Board of Selectmen regarding the request
for acceptance as a Town road. The procedure for formal acceptance
shall be as required by state law. The person requesting the road
acceptance shall be responsible for all fees and expenses associated
with the acceptance of the road.
B.
Who may request acceptance? A written request for acceptance of a
completed road may be made by any person who is:
(1)
The owner, or all the joint owners, of the land underlying the proposed
road.
(2)
The purchaser, or all the purchasers, under a written contract to
purchase the land underlying the proposed road, provided that written
consent of the owner, or all joint owners, of the land accompanies
the written request.
A.
General. A written request for Town acceptance of a completed road
shall include six copies of all required supporting information and
supplemental information as may be requested.
B.
Supporting information. Supporting information shall include the
following items:
(1)
A written description, by metes and bounds or courses and distances,
of all land and additional easements as necessary to be conveyed to
the Town.
(2)
An original fixed-line Mylar and six paper copies of the record plan profile drawings, prepared at the scale and showing the information specified in Article IV on an as-built basis. All record drawings shall be prepared by a land surveyor licensed in the State of Connecticut, who shall designate all monumentation to be set.
(3)
Fixed-line Mylars of record detail drawings, where any previously
approved details have been modified, showing all information on an
as-built basis.
(4)
A copy of a completed work permit or letter, issued by the State
Department of Transportation, confirming the satisfactory completion
of all work conducted within a state highway right-of-way.
(6)
A warranty deed properly executed by the owner or owners of the land
to which the written request relates, in form and manner suitable
for recording, effectively conveying good and marketable title to
said land to the Town, together with a certificate of title from an
attorney admitted to practice in Connecticut certifying that said
owner or owners hold good and marketable title to said land at the
date of such written request free and clear of all title defects and
encumbrances. The Commission may accept owners' title insurance
in an amount determined by the Town Attorney in lieu of a certificate
of title. By delivery of such deed, said owner or owners shall be
deemed to authorize delivery to and recording thereof by the Town
upon acceptance of such road by the Town.
(7)
A certificate of accurate monument location prepared by a land surveyor
licensed in the State of Connecticut.
C.
Supplemental information. Whenever the Commission shall deem it reasonably
necessary or appropriate to a proper disposition of any written request
for acceptance of a completed road, it may require submission of any
other information in such form as it may prescribe. Until such supplemental
information has been received by the Commission, it shall decline
to make any recommendation to the First Selectman regarding acceptance.
A.
Conformance. Prior to considering acceptance of a road, the Commission
shall determine whether or not the road and all associated improvements,
including but not limited to detention basins, water storage tanks
and any required off-site improvements, conform to the approved location,
layout, design and construction plans and to the criteria and standards
hereinafter specified or prescribed for such road and all associated
improvements in or pursuant to these Design and Construction Standards.
B.
Release of performance bond. The obligation of the performance bond or financial guarantee prescribed in § 187-12 shall not expire, be released or otherwise terminate with respect to any road and associated improvements prior to determination by the Board of Selectmen that all required supporting and supplemental information in § 187-18 above is satisfactory; that the road and all associated improvements meet the conformance requirements outlined in Subsection A above; and the maintenance bond or financial guarantee is posted.
C.
Maintenance bond or financial guarantee. Prior to the acceptance of any road by Town Meeting, the applicant shall post with the Town a maintenance bond or financial guarantee in an amount and with surety and conditions satisfactory to the Town indemnifying the Town for a one-year period against costs and expenses of labor and materials necessary or appropriate to correct or replace improper or defective materials or faulty workmanship, including any damage to any property of the Town resulting therefrom, or to complete construction in conformity with the standards, criteria and specifications prescribed in these Design and Construction Standards. Such maintenance bond shall be in an amount equal to not less than 10% of the total value of the performance bond or financial guarantee specified in § 187-12G of these Design and Construction Standards, or as otherwise approved by the Commission. The maintenance bond or financial guarantee shall be delivered to the Land Use Department, who shall deliver the maintenance bond or financial guarantee to the Old Lyme Director of Finance. Release of the maintenance bond or financial guarantee shall be completed in accordance with § 219-22 of the Town of Old Lyme Subdivision Regulations.
D.
Recording of documents. The owner shall provide all supporting information set forth in § 187-18B, including the required maintenance bond, prior to acceptance of the completed road by the Board of Selectmen. Final acceptance of a completed road shall not be deemed effective until all required documents have been filed on the Town land records.
